Work Accident Compensation Case

A work accident compensation lawsuit is a lawsuit filed to compensate the physical, mental or economic damages suffered by the worker due to a work accident. If injury, permanent disability or death occurs as a result of a work accident, material and moral compensation may be claimed.

Work accident cases are frequently seen in Istanbul due to the density of construction, industry, logistics, health, production, service and transportation sectors. For this reason, the preservation of post-accident evidence, SSI notifications, medical reports and fault assessment are of great importance.

What is a Work Accident?

A work accident is an event that occurs while the insured is at work or due to work carried out by the employer and causes physical or mental harm to the worker. Work accidents are not limited to accidents that occur inside the workplace.

An accident suffered by a worker sent to another location by the employer on duty, an accident occurring while commuting to work with a vehicle provided by the employer, or an accident suffered by a breastfeeding female worker during her breastfeeding leave can also be considered a work accident, if the conditions are met.

What is a Work Accident Compensation Case?

A work accident compensation case is a case in which the worker who was harmed due to a work accident or his relatives in case of death demands compensation from the employer. This case requires examining whether the employer fulfills its occupational health and safety obligations.

Within the scope of the lawsuit, material compensation, non-pecuniary damage, permanent disability damage, temporary disability damage and loss of support compensation may be requested. Which items can be requested are determined by the outcome of the accident.

Who Can Make a Claim in a Work Accident Compensation Case?

A worker who is injured due to a work accident can file a compensation lawsuit for the damages he suffered. The worker's loss of ability to work, treatment process, loss of income and moral damage may be subject to litigation.

If the work accident results in death, the deceased worker's spouse, children, parents or relatives who receive actual support may claim compensation for loss of support. Relatives may also request non-pecuniary damages.

What is the Employer's Responsibility Based on?

The employer is obliged to take occupational health and safety measures in the workplace. When a work accident occurs, it is examined whether the employer has taken the necessary precautions, provided training, provided protective equipment and whether it has fulfilled its inspection obligation.

The employer's liability is not automatically assumed in every case. The way the accident occurred, the employee's behavior, the employer's fault, the influence of third parties and the inevitability are evaluated together.

What Compensation is Requested in a Work Accident Compensation Case?

The compensation that can be claimed due to a work accident varies depending on whether the accident results in injury or death. Damage items must be determined separately in each file.

What is Financial Compensation?

Financial compensation aims to compensate for the economic losses suffered by the worker due to a work accident. Treatment expenses, loss of earnings, permanent disability damage and care expenses may be included in this scope.

In the calculation of financial compensation, the worker's age, income, disability rate, fault status and possible earnings in his working life are taken into account. The calculation is often made with an expert report.

What is Non-Pecuniary Compensation?

Non-pecuniary compensation is requested for the pain, suffering, psychological wear and decrease in the quality of life experienced by the worker due to a work accident. In case of death, the worker's relatives may also request non-pecuniary compensation.

When determining the amount of non-pecuniary damages, the court evaluates the severity of the accident, fault rates, the age and disability of the worker, the economic conditions of the parties and the criteria of equity.

Permanent Work Disability Compensation

Permanent disability compensation comes into question if the worker permanently loses his ability to work due to an accident. This loss aims to compensate for the reduction in income the worker may receive in the future.

Disability rate is determined by the medical board report. The worker's occupation, age, income and fault rate are also important in calculating compensation.

Temporary Incapacity Damage

Temporary disability loss is the loss of income caused by the worker's inability to work during the recovery period. This period is proven by rest reports and treatment documents.

If temporary disability benefits have been made by SSI, these payments may be taken into account in the compensation calculation. However, it should be evaluated separately whether the worker's actual damage is fully covered.

Compensation for Loss of Support

If the work accident results in death, people who are deprived of the support of the deceased worker may request financial compensation. This compensation is in return for the economic support the deceased provided during his or her lifetime or is expected to provide in the future.

Spouse, child, mother, father or actual support recipients may make a request depending on the concrete case. In the calculation, the deceased's income, age, support period and the status of the beneficiaries are taken into account.

SSI Notification After Work Accident

The employer is obliged to report the work accident to the relevant institutions within certain periods. For 4/a insured individuals, the work accident must be reported immediately to the law enforcement authorities and to the Social Security Institution within three business days after the date of the incident.

Failure to notify may make it difficult to prove a work accident, but it does not eliminate the worker's right to sue. The worker can prove a work accident with accident records, hospital documents, witnesses and other evidence.

What Happens If a Work Accident Is Not Reported?

If the employer does not report the work accident, administrative sanctions and recourse processes in terms of SSI may come to the fore. Additionally, failure to notify may be taken into account in the employer's assessment of fault.

For the worker, it is important to document the accident. Hospital records, law enforcement applications, witness statements, workplace camera recordings and messaging can be used to prove a work accident.

Fault Rate in Work Accident Compensation Case

The fault rate directly affects the amount of compensation. The employer's failure to take occupational safety measures, provide training, provide equipment or perform inspections may be considered a fault.

The worker's breach of his own duty of care and attention may also be taken into account at the rate of fault. The court usually determines the liability rates of the parties by obtaining a fault report.

Does Worker's Fault Affect Compensation?

Yes. If the worker is at fault for the accident, the compensation amount can be reduced. However, the fault of the employee does not completely eliminate the employer's liability in any case.

In particular, it is also examined whether the employer fulfills its obligations in providing training, supervision and protective equipment. The primary obligations of the employer continue.

What Evidence is Used in a Work Accident Case?

In work accident cases, evidence is used to reveal the way the accident occurred and the amount of damage. Early collection of evidence may affect the course of the case.

Why is Disability Report Important?

The disability report determines the worker's loss of working capacity after the accident. This report is taken as the basis for calculating permanent disability compensation.

The regulation under which the report was prepared, whether the rate was calculated correctly, and whether there is a causal link with the accident should be carefully examined. An incomplete or incorrect report may be objected to.

The Importance of Occupational Safety Measures

The employer must identify risks in the workplace, provide training to employees, provide personal protective equipment and supervise the safe conduct of work. When these obligations are not fulfilled, the employer's fault may increase.

In work accident cases, not only the outcome of the accident but also the workplace order before the accident is examined. This is why risk assessment, training documentation and audit records are important.

Is Mediation Mandatory in a Work Accident Compensation Case?

Mediation is not a requirement for material and moral compensation cases arising from work accidents or occupational diseases. For this reason, the worker or his relatives can file a lawsuit directly in the labor court.

However, if labor receivables such as severance pay, notice pay, wages or overtime will be claimed along with the work accident, the mediation requirement should be evaluated separately in terms of these receivables.

In Which Court Is a Work Accident Case Filed?

The competent court in work accident compensation cases is the labor court. In places where there is no labor court, the case may be heard in the civil court of first instance as a labor court.

In Istanbul, the lawsuit can be filed in the Istanbul Courthouse, Anatolian Courthouse, Bakırköy Courthouse or another authorized courthouse, depending on the place where the work is done, the defendant's place of residence or jurisdiction rules.

How Long Does a Work Accident Compensation Case Take?

Duration of work accident compensation case; It varies depending on the intensity of the court, waiting for the SSI file, disability report, fault report and accounting expert review. Therefore, the time may differ in each file.

The process may take longer due to the density of files in the labor courts in Istanbul. Preparing complete documents and objecting to reports in a timely manner helps the case proceed more smoothly.

Statute of Limitations in Work Accident Compensation Case

The statute of limitations in work accident compensation cases is generally considered to be 10 years. However, if the incident is also the subject of a criminal investigation or if there are different legal relations, the periods should be examined on a case-by-case basis.

Missing the statute of limitations may make it difficult to assert justified claims. For this reason, it is important to get legal support without delay after a work accident.

Can Subcontracted Workers Receive Work Accident Compensation?

Subcontracted workers can also claim compensation due to work accidents. In cases where there is a primary employer-subcontractor relationship, who is responsible is also evaluated separately.

The main employer, subcontractor, subcontractor and other persons involved in the workplace organization may be held responsible depending on the fault. In such files, contracts and the actual way the work is carried out are important.

Can Unregistered Workers File a Lawsuit?

An uninsured or unregistered worker can also claim compensation if he or she has had a work accident. However, first of all, it must be proven that the working relationship and the accident occurred due to work.

Witness statements, messaging, payment records, workplace camera records and actual work evidence are important at this point. Working without insurance may also have legal and administrative consequences for the employer.

Is a Criminal Investigation Opened in a Work Accident?

If the work accident resulted in injury or death, criminal investigation may also be brought to the agenda. Allegations of negligent injury or negligence causing death against the employer, occupational safety expert, construction site manager, manager or other responsible persons may be investigated.

Criminal investigation and compensation lawsuit are different processes. However, expert reports and findings of fault in the criminal file may affect the compensation case.

Work Accident Cases in Istanbul

Work accident cases in Istanbul are common, especially in the construction, factory, warehouse, shipyard, logistics, cleaning, security and health sectors. Identifying those responsible can sometimes be complicated due to large workplaces and subcontractor relationships.

For this reason, in work accident files in Istanbul, the employer structure, employment relationship, location of the accident and SSI records should be examined together. Litigation strategy should be created in the light of this information.

Legal Support from Attorney Mehmet Emin Kurşun

In work accident compensation cases, the fault rate, disability report, income account, SSI records and expert examination directly affect the outcome of the case. Missing documentation or incorrect calculation can result in serious loss of compensation amount.

Attorney Mehmet Emin Kurşun provides legal support in the processes of work accident compensation cases, material and moral compensation, permanent incapacity, deprivation of support and criminal investigations arising from work accidents in Istanbul.

Things to Know Before Starting the Legal Process

After a work accident, first of all, health records, accident reports, witness information, SSI notification and workplace documents should be protected. Since camera recordings at the scene of the accident may be deleted in a short time, it is important to collect evidence quickly.

Workers or their relatives who will claim compensation due to a work accident in Istanbul must evaluate the file in terms of fault, disability, income and statute of limitations before filing a lawsuit. Early legal support reduces the risk of loss of rights.

Frequently Asked Questions

What is a work accident compensation lawsuit?

A work accident compensation lawsuit is a lawsuit in which the employer claims the material and moral damages suffered by the employee due to a work accident.

What are the situations considered as work accidents?

Accidents that occur in the workplace, accidents that occur due to the work carried out by the employer, accidents that occur to the worker sent on duty, and accidents that occur while traveling to and from work with the vehicle provided by the employer can be considered work accidents.

What compensation can be claimed in case of work accident?

Material compensation, non-pecuniary damage, temporary disability damage, permanent disability damage, caregiver expenses and loss of support in case of death may be claimed.

Is mediation mandatory in a work accident compensation case?

No. Mediation is not a requirement for material and moral compensation cases arising from work accidents and occupational diseases.

How many days does it take to report a work accident?

For 4/a insured individuals, the employer must report the work accident to law enforcement immediately and to SSI within three business days after the date of the incident.

Can a lawsuit be filed if a work accident is not reported?

Yes. Even if a work accident has not been reported, the worker can file a compensation lawsuit by proving the accident and the working relationship with evidence.

Can I receive non-pecuniary compensation in a work accident?

Yes. If physical damage, permanent disability or death occurs due to a work accident, non-pecuniary compensation may be claimed.

Can an uninsured worker receive work accident compensation?

Yes. An uninsured worker can also claim compensation due to a work accident. However, it must be proven that the working relationship and the accident occurred due to work.

How long does a work accident compensation claim take?

Duration; It varies depending on court density, SSI file, disability report, fault report and expert examination. Each file is evaluated on its own terms.

Why is work accident compensation lawyer support in Istanbul important?

Work accident files in Istanbul often contain subcontractor relations, extensive workplace records, SSI process and technical expert reports. Therefore, legal support helps to claim compensation correctly.