Work Accident Compensation Claims and Legal Process


What Is a Work Accident?

A work accident is any incident resulting in injury, disability, or loss of work capacity while an employee is performing job-related tasks. If a worker suffers from a work accident, they have the right to file a compensation lawsuit against their employer. If the accident leads to death, the worker’s family members can also claim financial and moral compensation.

Who Can Be Sued in a Work Accident Case?

A work accident compensation lawsuit can be filed against both the main employer and subcontractors. For example, if a construction project is carried out by Company X, but the electrical work is subcontracted to Company Y, which then hires Company Z, a worker employed by Company Z who suffers a fatal accident can file a lawsuit against all three companies (X, Y, and Z).

What Situations Are Considered Work Accidents?

A workplace accident is not limited to incidents occurring inside the employer’s premises. The following are also classified as work accidents:

  • Any physical or mental harm occurring at the workplace.
  • Accidents happening during work-related travel.
  • Injuries sustained while an employee is on duty outside the workplace.
  • Accidents occurring when using employer-provided transportation.
  • For nursing mothers, any injury sustained while breastfeeding at work.

What Should Be Done After a Work Accident?

If a work accident occurs, both the employee and employer have legal responsibilities. The following steps must be taken:

  1. Emergency medical intervention should be provided immediately.
  2. An official workplace accident report must be prepared, signed by at least two witnesses.
  3. The accident must be reported to security forces (police or gendarmerie).
  4. The Social Security Institution (SGK) must be notified.

What Legal Actions Can Be Taken After a Work Accident?

Following a work accident, the injured worker or their family members may file the following lawsuits:

  • Criminal investigations and lawsuits
  • Financial and moral compensation claims
  • Recourse lawsuits filed by the Social Security Institution (SGK)

If a worker is injured or dies due to a workplace accident, an official investigation is launched by the Public Prosecutor. Criminal charges may be filed against responsible parties, while the worker or their family members may file compensation claims.

Financial Compensation Claims for Work Accidents

Workers injured in a workplace accident have the right to sue for damages under the Turkish Code of Obligations. Claims may include:

If the Worker Dies:

  • Funeral and burial expenses
  • Medical expenses incurred before death
  • Loss of financial support for dependents
  • Compensation for loss of earning capacity

If the Worker Is Injured:

  • Medical expenses and lost income
  • Compensation for reduced work capacity
  • Loss of future earning potential

Time Limits for Work Accident Lawsuits

The statute of limitations for filing a work accident compensation lawsuit varies between 2 and 10 years. If a case is not filed within this period, it may be barred by limitation.

For legal assistance in work accident claims, compensation lawsuits, and occupational injury cases, contact Üner Law Office in Alanya via uner.av.tr.

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