What is a work accident compensation?

Work accident compensation; In the event of injury or death of an employee who is working in the workplace due to the work relationship of the employer, it is a material and non-pecuniary damages lawsuit filed by the employer or his relatives for compensation.

The work accident compensation can be filed against both the main employer and all subcontractors (subcontractors). For example, X company subcontracted the electrical works of its construction to Company Y, while company Y did some of its electrical works together with company Z; In the event that the employee of the company Z dies as a result of an occupational accident, a compensation for material and immaterial damages may be filed against all companies (Z, Y and Z) on condition that they are paid jointly and jointly.

What are the Considerations of Work Accidents?

According to Article 13 of the Social Insurance Law No. 5510, there are cases in which work accidents are considered and compensation cases can be opened:

Any kind of physical or mental damage suffered by the worker while he / she is at the workplace is considered as an occupational accident. It doesn’t matter how the worker was injured or killed. If the incident that the worker is subjected to is at work, it is considered as an occupational accident and may be subject to compensation. For example, if the heart attack occurs at the workplace, it is only accepted by the Court of Cassation as a work accident.
Due to the fact that the worker is sent to another location outside the workplace due to the employer, the acts that the worker is exposed to are the occupational accident and the subject of compensation.
If the employee works independently on his own behalf and account because of the work being carried out by the employer, any incidents that occur due to the work he is carrying out can be subject to compensation for work accidents.
The accidents caused by the nursing female worker in the time allocated for giving milk to her child in accordance with the labor legislation are work accidents. For example, a worker who is injured by a chair falling from the upper balcony when he / she is nursing his / her child can open an employer to work accident compensation.
Any accident that occurs during the arrival of the worker to the place where the work is carried out by the employer is an accident at work. In practice, such accidents are called traffic accidents.
In practice, the most curious question of the workers is how long the work accident compensation case will last. Whether the work accident is fatal or injured, the nature of the work accident between the worker and the employer, the defect rate in the realization of the work accident, the wage of the worker, the disability of the work accident, and whether the disability rate will be challenged will determine the duration of the work accident compensation. Turkey has resulted in an average claim for compensation of at least 1.5 – 2 years.

Time for Opening of Work-related Compensation Claims (Timeout)

The duration of the indemnity action due to work accident, in other words, the statute of limitation; 10 years from the date of the accident at work (BK m.146). There is no difference in the general time-limit between injury and death.

It should be noted that, if a criminal case was opened due to a work accident and the esi duration of the case limitation “of the criminal case is greater, in the case of indemnity due to work accident, the duration of the criminal case shall be applied. For example, in case of death of two workers working in the construction sector, criminal proceedings will be opened for the crime of causing death by taxpayer. In the event of the death of two people, the statutory limitation period of the criminal case is 15 years. The 15-year statute of limitations in criminal proceedings will also be applied in the case of compensation for work accidents. However, if two persons are injured by falling from the construction, as the crime of crime will be a crime of crime, the period of time limitation of the criminal case will be 8 years.

Another point to be considered in terms of timeout period; When the disability rate cannot be determined precisely in cases of disability as a result of an occupational accident, the limitation period shall be commenced. If the disability increases due to an itibaren evolving situation Mal, the statute of limitation begins to operate as of the last report of the date of invalidity.

Competent Court for Work-related Compensation Claims

Labor courts authorized to look at work accidents are determined as follows (Law on Labor Courts No. 7036: m.6):

In the case of work accidents, the general court of competent jurisdiction is the court of the defendant natural or legal person on the date of the trial. If the defendant is more than one, the settlement court of one of them is also authorized.
The labor court, where the work accident or damage occurs, is also authorized to look into the material and non-pecuniary damages cases arising from work accidents.

The labor court, where the work accident or damage occurs, is also authorized to look into the material and non-pecuniary damages cases arising from work accidents.
The labor court is also authorized to settle the disability of the worker who has been disabled due to a work accident, or the death of the deceased relatives of the deceased worker.
Authorization contracts contrary to the above provisions between the employer and the employer are invalid.

Case of Detection of Work Accident

Work accidents should be reported to the Social Security Institution by the employer. Upon the notification of the employer or employee, SSI inspects by means of inspectors and organizes a review report on the occurrence of the incident, the occurrence of the incident and the defect status of the parties. In the examination report, if the incident is considered as an occupational accident, the holder of the right can open a case of material and moral damages in the labor court.

Work accident, Social Security Institution (SSI), although notified of the incident occurring in the event of being declared as a work accident by the Social Security Institution and the employer as a defendant should be opened as a K case of detection of work accidents İş should be opened. The dispute concerning the determination of the work accident is directly related to the right of the Social Security Institution and the institution is not a party in the case of compensation. Therefore, the case for the determination of the work accident is seen as a case independent of the compensation case. The period of opening the case for the detection of the work accident is subject to a period of 10 years from the date of the occurrence of the work accident. The work accident compensation case should be expected to be finalized in the case of the determination of the work accident in the form of a separate case.

The case for the determination of the work accident, the employee in favor of the workplace in the event of an accident resulting in the identification of the disability of the worker, the death of the deceased relatives of the deceased in the death by the SGK ties a regular income. A certain portion of the income is deducted from the compensation amount requested in the compensation case.

If an action for damages has been filed before the work accident is reported to the institution (SSI), the labor court should be given time to notify the plaintiff to the Social Security Institution of the work accident claim. If the incident is not accepted as an occupational accident by the Authority, this should be given to the plaintiff to open the göster case for the determination of the work accident göster in which the employer is a party because this will affect the social security institution and the right area. As a result of this determination case to be opened to the court to see the outcome of the trial to be judged according to the outcome of the trial.