Work accident notification constitutes one of the obligations on the employers and enterprises which are oeprating in Turkey. It is obligatory to notify the accidents that the insured has suffered at the workplace, due to the work he/she is working at, or during the performance of other work given by the employer, or in other situations specified in the law, and which cause the insured to be temporarily or permanently disabled as to show effect immediately or later.
Work accident notification must be made to the Social Security Institution within the legal period specified in the legislation. The employer is responsible for this notification.
If an occupational accident is not notified to the Social Security Institution in due time, an administrative fine and some additional financial sanctions will be imposed on the employer who neglects the reporting obligation.
The Definition of Work Accident According to the Turkish Law
The concept of work accident is primarily being introduced in the Article 13 of the Social Insurance and General Health Insurance Code No. 5510. According to the aforementioned law, incidents that occur in the workplace and in the vehicles belonging to the workplace and which inflict mental or physical disability on the insured are considered as work accidents legally.
On the other hand, when the worker has an accident, there are cases that are considered work accidents even if he/she is not present at work during the accident. All these issues are regulated in the Social Insurance and General Health Insurance Code No. 5510 the Article 13.
Accordingly, in order for the accident to be considered as a “work accident”, it is sufficient for the accident to occur in the one of the following cases or situations:
– The accident occurred while the worker was at the workplace.
– The accident occurs during the times spent without performing his/her main job due to the fact that the insured working for an employer is sent to another place outside the workplace as an official.
– The occurrence of the accident while the insured is out of the workplace due to the work he/she is doing.
– The accident occurs while the insured is traveling to and from the place of work with a vehicle provided by the employer.
– If the accident occurs at the time allocated for the breastfeeding woman insured working for an employer to give milk to her child in accordance with the labor legislation.
– If the insured is working on his own behalf and account, the accident occurs due to the work he/she is carrying out.
The Harm of the Insured due to the Accident
According to the Occupational Health and Safety Code. 6331, a work accident is defined as “an event that occurs in the workplace or due to the conduct of the work, causing death or rendering bodily integrity mentally or physically disabled”.
Events that do not immediately or subsequently render the insured physically or mentally disabled are not covered by the concept of “work accident” and such situations are referred to as “near miss incident” or “accident with material injury”. There is no obligation to report such accidents. Likewise, non-work-related accidents that occur outside of the workplace while the employee is on leave are not considered as work accidents in accordance to the social security legislation.
It is necessary not to consider the damages that occur to the worker as a result of the work accident only as material and bodily.
As a result of the accident, it is sufficient for the worker to deteriorate his psychology and experience mental problems.This damage of the accident may arise immediately or at a later time, and this does not change the nature of the incidence being considered as a work accident or not.
