Workplace accidents could seriously cause physical, psychological, and economic harm to workers. CCS Law is fully aware of the huge problems such a situation causes for their victims, and its primary goal is to assist the employee and his family in receiving the compensation they deserve. This will be an in-depth guide on compensation claims arising from workplace accidents in Turkey, the legal framework and procedures, and also the types of compensation possible.
What is a workplace accident?
Workplace accident means any event that befalls the workers during the course of their employment, which might lead to injury or death. Turkish law defines workplace accidents in a wide framework to protect workers in various circumstances both within and outside the workplace of employers, provided the accident has some connection with their work.
Legal Grounds for Workplace Accident Claims
The respective ground for workplace accident claims is based on the Social Security and General Health Insurance Law numbered 5510 and Labour Code. Both laws impose certain responsibilities regarding employee health and safety and the rights of employees related to compensation in case of an accident.
Who Can Be Held Liable?
Work accident claims may be made against:
Direct Employer: The direct employer has the responsibility of a safe workplace environment.
Subcontractor: If a subcontractor is used in a given employment setup, they may likewise be held liable. This may be the case with a construction project where various subcontractors are present in which event liability may flow to all contractors collectively.
Joint and Several Liability
Where there is more than one employer or contractor, liability may be imposed jointly and severally. That means the injured party, or their family in the case of death, can claim compensation against all liable parties or against any one of the liable parties, which ensures the right of the victim to receive fair compensation against the complexity of the arrangements. Workplace accident compensation claims Turkey
Types of Compensation Available
In the event of workplace accidents, or in the case of a fatal accident, the victims or their families could receive the following types of compensation:
1. Material damages
Refer to the direct financial losses of an employee because of the accident. These can be enumerated or specified as follows:
Medical Expenses: These are related to the expenses incurred for all the medical aspects, including hospitalization, surgery, medicines, and rehabilitative therapies.
Loss of Earning: Entitlement to compensation for loss of earnings during the recuperative period(temporary disability) or owing to inability to work(pendon disablement).
Loss of Future Earnings: A victim may be entitled to compensation in damages for loss of future earnings and loss of career opportunities in case of an accident causing permanent disablement.
Rehabilitation and Equipment Costs: These are expenses related to rehabilitation and any special equipment one may need to function properly in daily life-such as, but not limited to, prosthetics.
2. Non-Material (Moral) Damages
Non-material damages compensate for psychological and emotional damage on account of an on-the-job accident. Among them are
Pain and Suffering: For pain and suffering that might have resulted from the accident, physical and emotional.
Emotional Trauma: Damages for anxiety, depression, or any other mental health conditions due to the accident.
Family claims: With a fatal accident, the family could claim for non-material damages to compensate themselves, in sorrow and psychological distress over the loss of their loved one.
3. Compensation for Fatal Workplace Accidents
If there is a workplace fatality, compensation may take the form of:
Funeral expenses: The employer may be liable to pay the funeral expenses.
Loss of Financial Support: Dependants such as a spouse, children, or even parents on the financial dealing of the deceased employee can claim compensation for such loss.
Scenarios Considered as Workplace Accidents
Under Turkish law, workplace accidents are defined broadly. Some of the following scenarios are: The following circumstances are considered a workplace accident.
Workplace Injury: The concept covers all incidents occurring in the physical area of the workplace, within the working time, which may cause physical or psychological harm to workers; machinery injuries, falls, and falling objects may also be included under this category.
Work-Related Injuries Offsite: Accidents happening in the course of a task away from the workplace but requires the employee to go to some other location by the employer for work-related purposes. For example, an employee on client visitation is considered to have met with a work accident.
Workplace-Related Travel Accidents: It is also considered a workplace accident when the accident occurred while traveling to and from work by transportation provided by the employer. In Turkish legal practice, such accidents are often referred to as "traffic workplace accidents."
Accidents During Nursing Breaks: Special provisions are made in case of a nursing mother. In case of an accident during breastfeeding breaks, then it is considered a work-related accident. For example, if a nursing mother is on break and gets injured due to something falling on her, then it falls under this head.
Sudden health emergencies, such as a heart attack, are also taken as work accidents by the Turkish courts, including the Court of Cassation, if these had occurred during the performance of the employee's duties, even when predisposing conditions may have existed.
Statute of Limitations for Workplace Accident Claims
In general, the statute of limitation for filing a compensation claim against a workplace accident in Turkey is ten years starting with the date of the accident. However, if the workplace accident gives ground for criminal proceedings also, the statute of limitation of the civil lawsuit might extend to the same term with that of the criminal case, which could be up to fifteen years in cases of severe negligence or fatal incidents.
Steps in Filing a Claim for Compensation Due to Workplace Accident
In Turkey, the process for filing a compensation claim in cases of work accidents is quite complex, and several key steps usually take part in the course of action process.
1. The Accident Reporting
It has to first be reported to the employer. Within three working days, the employer is supposed to report to the Social Security Institution, SGK. This is because it ensures that the incidence is put on record and acts as a basis for compensation.
2. Clinical Documentation
It is relevant that the injured employee seek immediate medical attention, getting highly detailed medical reports on the injuries sustained. The medical evidence serves to bring out and confirm the cause-and-effect relationship between the injury and the workplace accident.
3. Interesting Legal Services
Given the complexities involved, it is advisable to engage a lawyer. A seasoned solicitor will ensure that all rights are preserved and will help navigate the procedural aspects related to making the claim, gathering evidence, and representation in court. At CCS Law, we have vast experience in handling work accident claims; our work is dedicated toward the best outcome for the client.
4. Filing of the claim in the Labour Court
Workplace accident claims are filed with the Labour Court. The claim may be filed in the district of the location of the accident or domicile of the employer or employee. This is a matter of convenience to the injured party.
5. Evidence Gathering and Trial
The success of a claim depends on the evidence that one is providing. It involves:
Witness Statements: Statements from fellow colleagues or others who may have witnessed the accident are important.
Expert Testimonies: It will be pivotal in liability determinations to have expert reports addressing safety protocols and whether, if any, employer negligence contributed to the accident.
Records of Workplace Safety: Records of observance or non-observance of safety precautions prove to support a claim for compensation.
Employer Responsibilities and Preventative Measures
This is while the law has placed an onus on employers to make sure a safe working environment is in place and guaranteed for all staff. The following shall be based on the provisions of Occupational Health and Safety Law No. 6331.
Risk assessments: The employers must make sure that risk assessments are done on a routine basis, taking all the necessary steps to eradicate any foreseen hazard.
Personal Protective Equipment and Training: Proper safety equipment and training should be given to employees in order to minimize job-related risks.
Ongoing Monitoring and Compliance: Employers have to monitor the safety measure in a regular manner to maintain national legislation and keep changing the safety protocols correspondingly.
Failure to meet these obligations can significantly impact liability in workplace accident claims, and employers found negligent in their duties may be subject to increased penalties.
Case Study: Joint Liability in a Construction Project
Consider, for instance, the various sets of subcontractors a construction site may require. Company A is the main contractor; Companies B and C are subcontractors for the project in different aspects. Now, in case an employee of Company C meets a fatal accident on the site, law provides ample opportunity to make claims against Companies A, B, and C. All these companies are liable jointly and severally, and the injured party or their family may seek compensation from any one, some, or all parties involved in it.
Challenges in Claims relating to Accidents at Work
1. Employer's Negligence Established
One of the most important barriers relates to proving the negligence of an employer regarding duty of care. In many such cases, negligence by:
Expert Witnesses: Experts could testify on whether safety protocols were sufficient and followed.
Records of compliance may include safety audits, training records, and equipment maintenance to prove the employer's negligence.
2. Insurance Companies
Workplace accidents usually fall under the ambit of employers' insurance policies; therefore, compensation claims would more than likely be settled between the claimant and an insurance company. The latter would not want to pay too much and would thus offer limited amounts. In that respect, it is important to engage the services of a well-experienced solicitor in order to be treated fairly with the proper valuation of damage.
Role of Social Security Institution - SGK
In cases of work accidents, the Social Security Institution plays an important role. Provided that an accident has been decreed as a workplace accident, SGK could grant some compensatory advantages to the injured employee or their relatives, medical care, and a temporary or permanent disability pension. Often, these benefits are not enough for the damages the victim suffered, and civil compensation claims are crucial in order to get comprehensive financial redress.
Workplace accidents can have disastrous impacts on victims and their loved ones. At CCS Law, we guide our clients through the minefield involved in workplace accident compensation claims to ensure that they are appropriately funded for their needs and receive justice. We fight not just for proper compensation but also for better working conditions to avoid such incidents in the future.
If you or a loved one have been injured in an on-the-job accident, it is very important that you speak with a professional and registered lawyer as soon as possible. Contact CCS Law today for your consultation, and let us help you seek the compensation you are entitled to.
Disclaimer: This article is intended for informational purposes only and does not constitute legal advice.
#WorkplaceAccidentCompensationTurkey #WorkplaceInjuryClaimsLawyer #WorkAccidentCompensationLawTurkey #WorkplaceSafetyClaims #EmployeeInjuryCompensationTurkey #TurkishWorkplaceAccidentLaw #EmployerLiabilityInWorkplaceAccidents #WorkplaceInjuryCompensationLawyerTurkey #CompensationForWorkRelatedInjuries #WorkplaceAccidentClaimLawyerIstanbul #WorkplaceAccidentCompensationLawyer #FatalWorkAccidentCompensationTurkey #SocialSecurityInstitutionWorkplaceAccident #WorkAccidentClaimProcessTurkey #WorkplaceInjuryLawFirmTurkey #CCSLaw