The employer's liability after an occupational accident

A worker falls from scaffolding on a construction site and is taken to hospital. What is discussed that day is rarely compensation; it is how the event will be reported. Yet the records drawn up in the first 72 hours and the notification that is made lay the ground on which a claim brought months later will stand.

Which events count as an occupational accident

An occupational accident (iş kazası) is not limited to something that happens while the worker is at the workplace. Turkish social security legislation draws the scope widely: an event is also an occupational accident if it occurs while the worker is elsewhere because of work carried out for the employer, while travelling to or from work in a vehicle provided by the employer, or during the breaks given to a nursing mother to feed her child.

Nor does the event have to take effect immediately. Where the physical or mental impairment appears later, the classification does not change.

The duty to report

The employer must report the accident to the police straight away, and to the Social Security Institution (Sosyal Güvenlik Kurumu, SGK) within three working days of the accident. Failing to report, or reporting inaccurately, can bring an administrative fine and can also result in the payments made by the Institution being recovered from the employer.

If the employer does not report, the worker or those entitled may apply to the Institution directly. The Institution then arranges an inspection, and the report produced at the end of that inspection is one of the most important documents in the compensation claim that follows.

Where liability comes from

The employer's liability rests on the duty of care arising from the employment contract. Taking every measure needed to protect the health and safety of the worker, and keeping tools and equipment complete and in order, are part of that duty. The obligation is not limited to the minimum standards set out in legislation; what technology makes possible is also taken into account.

As a rule, liability is fault-based. Because the standard of care demanded of the employer is set high, however, a single simple precaution that was not taken often determines the apportionment of fault in the file. The worker's own carelessness may reduce the award, while cases in which fault is placed entirely on the worker are rare.

What the worker can claim

• Temporary incapacity allowance: paid by the Social Security Institution for the period of certified rest.
• Permanent incapacity income: where the loss of earning capacity in the occupation exceeds a set proportion, the Institution awards an income.
• Pecuniary damages: claimed from the employer to cover the loss arising from reduced earning capacity. The calculation draws together the apportionment of fault, the degree of disability, earnings and life expectancy data. The capitalised value of the income awarded by the Institution is deducted from the result.
• Non-pecuniary damages: claimed by the worker for the pain and distress suffered. Where the bodily harm is severe, close relatives may also claim.

Where the worker dies: compensation for loss of support

If the worker loses their life, those who received regular support from them bring a claim in their own name. This claim is independent of the estate; even someone who has renounced the inheritance may claim compensation for loss of support (destekten yoksun kalma tazminatı). The supporting relationship is proved by the actual position between the parties, not by kinship alone.

Time limits and procedure

Claims arising from an occupational accident are treated as claims for breach of the employment contract and are therefore subject to a long statute of limitations. Relying on that is still unwise, because witnesses and documents disappear over time. Mediation before court is not required in these claims; the case is brought directly before the labour court (iş mahkemesi).

This article is for general information only and does not constitute legal advice on any specific matter.