22 Jan In Which Cases Is There an Occupational Accident?
Definition of work accident In the 13th article of Social Insurance and General Health Insurance Law No: 5510, the definition of the work accident is made under the heading as Definition, reporting and investigation of the work accident İş with the following provisions. According to this;
Work accident;
a) When the insured is in the workplace,
b) (Amended: 17/4 / 2008-5754 / 8 md.) For the work that the employer carries out if the insured works independently for his own name and account,
c) When the insured employee working in connection with an employer is sent to another location outside the office as an officer,
d) (Amended: 17/4 / 2008-5754 / 8 md.) In accordance with the article 4 (a) of the first paragraph of this Law, the nursing woman insurance holder shall, in accordance with the labor legislation, allocate milk to her child,
e) It is the event that the insured, by means of a vehicle provided to the employer, to the place where the work is performed, makes the insured immediately or later physically or spiritually disabled.
The work accident must occur in one of the points specified in Article 13 of Law no.
A-) An accident must be incurred in the workplace in order to be considered as an accident.
Law No. 5510 13 / a. According to the article, ası when the insured is in the workplace ”, the physical or mental disability becomes a work accident. The workplace is defined as the ”workplace ve where the insured persons work together with the non-material and non-material elements in the Article 11 of the Law and the work place or the service provided in the workplace and the place of work connected to the workplace under the same management, which is loyal to the quality, Breastfeeding, food, sleeping, washing, inspection and maintenance, places of body or vocational training, courtyard and other add-ons such as offices and vehicles are also counted from the workplace.
According to this situation, the death of the insured in the workplace, for example, in the courtyard as a result of a fall as a result of injury in the workplace or a fight in the dining hall or at the resting place, by any person with a gun to be shot or “suicide in the workplace” or in the workplace in places such as the pool due to drowning death cases are considered as work accidents. [Decision of the Supreme Court 21.HD., 1.7.2004, decision number 6433/6503]
A large part of the accidents in the law were accepted as occupational accidents and thus a large amount of protection was provided to the insured. Every accident caused by the insured in the workplace for whatever reason, and the other elements together will be considered as work accidents. In other words, a worker is a work accident that occurs from the moment he presses his workplace or his attachments to the workplace, whether he is working or not, under the authority of the employer, until he leaves the workplace. For example, in a decision of the Supreme Court; According to the fact that the places where the personal body cleaning of the insured persons are accepted as workplace in the workplace, the employer has not prepared special washing places for the insured employees who work in the workplace and stay in the workplace at night. the incident occurred in the work accident. (Court of Cassation HGK. Dated 6.07.2005 and numbered 2005 / 10-444, 2005/449)
It is not necessary for the accident that the worker is subjected to during the business hours. The existence of a causal link between the incident occurring in the workplace and the damage is sufficient in terms of work accidents; there is no need to look for another element. Because the accident should be the result of the work. For example, in a decision of the Supreme Court: dolayısıyla ıt in the case of the fact that the brake balancing was working in the service workplace, the incident caused by the fall of the vehicle in which the brake had been adjusted by the shift of the jack had occurred due to the work carried out by the insured in the workplace and also by the employer; This death is a work accident in the framework of article 11 / A-a, b of Law No. 506 iş. In another decision of the Court of Cassation, iş 506 Act 11 / Aa, b according to the provision, working in the workplace of the insured and the employer died in the work according to the fact that death occurred as a result of work accidents, instead of the workplace, considering that the work died drunk at the workplace is not considered an accident. it is not correct to decide. türlü It is considered as a work accident. (Decree of the Court of Cassation 9. HD., 23.3.1992, 1991-12579 / 1992-3624).
B-) In order for an accident to be considered as an occupational accident, the insured must be injured due to the work being carried out in the workplace.
The employer’s representative in the workplace, as well as the services of the manager and also the employer’s external work, the insurer following the work in the courthouse, one day the same vehicle with the employer went to a busy business center traffic. Here, again with the employer, he died as a vehicle crashed to the other side of the street. Their heirs sue the employer and demanded that the incident be determined as an occupational accident. The defendant employer claimed in his defense that the insured had taken the vehicle to come to the business center together with him on the day of the incident and that the main purpose was to obtain a loan for his daughter’s wedding and that there was no officer. The Supreme Court of Appeals, the bank where the insured is planning to take another place in the bank, his absence on the day of the event and an agent in the presence of employer agent for no reason not to be taken to the business center for consideration, and also look at all kinds of internal and external jobs of the employer, the event day attendant and considered it as a work accident within the framework of article 5510 / 13.b. [Court of Cassation 10.HD., dated 23.10.1995, number 7796/8681]
C-) If the accident occurs during the arrival of a vehicle provided to the employer and the accident occurs, the accident is an accident.
Workers were given a work tool to rehearse with a service vehicle from Urfa to Silvan, while the vehicle was stopped by the terrorists of the vehicle by killing the vehicle as a result of the gun was killed as a result of a work accident, but on the one hand due to a serious defect of the third person to see the cause of the accident and event on the other hand, the employer did not hold the employer responsible for the fact that general road safety could not be expected from the employer. [Judgment of the Supreme Court 9. HD., Resolution 4.794.8382 dated 4.7.1985]
D-) The fact that the Breastfeeding woman insured suffers an accident at the time allocated for giving milk to her child is also an accident at work.
Work accident was counted by the Supreme Court of Appeals when the insured died as a result of a vehicle crash when crossing the road to come to the workplace within the period of breastfeeding permission.
E-) In case of an accident due to the fact that the insured is sent to another location outside the workplace as an officer, the accident is considered to be an occupational accident.
According to the decision of the Court of Cassation [Supreme Court of Turkey No. 10, dated 13.10.1987 and numbered 5024/5139], when the employer sent the insured to another place, the worker died with a bomb exploding while sitting with his friends in the park on the road, 10. It is a legal obligation to count the accident as an occupational accident, since there is no doubt that it occurred within the process when it was sent to the ground.
No Comments