Due to the high density of factories and production facilities in industrial zones like Çerkezköy, Kapaklı, and Saray, work accidents frequently occur. Workers who are injured, disabled, or lose their lives as a result of a work accident, along with their families, face serious grievances. In this guide, we will detail the material and moral rights of a worker involved in a work accident, the SGK notification process, and the responsibilities of the employer.
A work accident is physical or mental harm that occurs at the workplace, due to work carried out by the employer, or during commuting with a vehicle provided by the employer. Notification to SGK is mandatory. The worker can claim treatment expenses, loss of earnings, and moral compensation from the employer. In case of death, relatives can file a lawsuit for loss of support. The statute of limitations is generally 10 years.
What is a Work Accident and Which Situations Count as One?
According to the Social Insurance and General Health Insurance Law No. 5510, certain conditions must be met for an accident to be considered a work accident:
- Accidents occurring while the insured is at the workplace,
- Accidents occurring due to the work being carried out by the employer,
- Accidents occurring during times spent without doing main duties because the insured is sent to another place with a task by the employer,
- Accidents occurring during the times allocated for nursing female insured to give milk to her child,
- Accidents occurring during the commute of insureds to and from the place where work is performed by a vehicle provided by the employer (shuttle accidents).
What to Do After a Work Accident
It is vital to manage the process correctly when a work accident occurs to avoid loss of rights:
- 1. Medical Intervention and Reporting First, apply to the nearest healthcare facility and absolutely state to the doctor or hospital police that the incident is a work accident. Having it recorded as a "work accident" in hospital records is the most important step in proving a lawsuit.
- 2. Notification to Law Enforcement It is important to call police or gendarmerie to the accident site, prepare a report, and take the statements of eyewitnesses.
- 3. Obligation to Notify SGK The employer must immediately notify the competent law enforcement forces, and the SGK within 3 working days after the accident. If the employer does not notify, the worker themselves or their relatives can also notify the SGK.
Compensations a Worker Involved in a Work Accident Can Claim
If the bodily integrity of the worker is damaged as a result of a work accident, compensation liability arises in proportion to the employer's fault. The worker can claim the following compensations:
Material Compensation
- Treatment Expenses: Hospital, medicine, prosthesis and all health expenditures not covered by SGK.
- Loss of Earnings: Wage losses during the period of inability to work (Temporary incapacity).
- Loss of Working Capacity Compensation: The loss of effort and decrease in income to be experienced for life in case of permanent disability (Permanent incapacity).
Moral Compensation
Claimed to compensate for the physical pain, psychological trauma, and suffering experienced by the worker due to the accident. It is determined by the court based on the rate of disability, fault status of the parties, and the youth of the worker.
Rights of Relatives in Fatal Work Accidents
Unfortunately, some work accidents can result in death. In this case, the relatives deprived of the support of the deceased worker (spouse, children, mother, and father) can file a lawsuit against the employer for Compensation for Loss of Support.
- Material Compensation (Loss of Support): Payment to right holders by calculating the financial support the deceased worker provided while alive and would provide in the future. Funeral expenses can also be claimed.
- Moral Compensation: Claimed to somewhat alleviate the deep sorrow and psychological devastation experienced by the family due to the worker's death.
Attention to the Statute of Limitations!
The statute of limitations in material and moral compensation lawsuits arising from work accidents is, as a rule, 10 years from the date of the accident. If the accident also constitutes a crime subject to a longer statute of limitations within the scope of criminal laws, the extended criminal statute of limitations applies.
Atty. Fatih Özden
Marmara University Faculty of Law Graduate | Expert Mediator
Carrying out his law firm activities opposite the Cerkezkoy Courthouse, Atty. Fatih Özden specializes in employment law, work accident compensation cases, and worker rights. He provides legal and expert mediation services in Cerkezkoy, Kapakli, and Saray regions.