According to Turkish law, an occupational accident is 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.
In the event of an occupational accident at the workplace, a notification must be made to the Social Security Institution within three working days, according to Turkish social insurance law. Notification is made through the Occupational Accident and Occupational Disease Notification Form.
If the employer thinks that the incident is not a work accident, he will be able to make the notification with a “reservation record”. However, the incidents in which the worker is injured and occur in the workplace will be considered as work accidents.
In order to avoid any delay in the benefits to be provided from the occupational accident insurance, the employer is responsible for providing the necessary health assistance to the injured worker immediately.
Incidents reported as work accidents are inspected by the Social Security Institution. If it is decided that the incident is a work accident as a result of the audit, if there is a finalized court decision on the subject, the amount of recourse to be calculated according to the defect rates specified in the said court decisions will be requested from the employer/third parties in a short letter. If there is no lawsuit filed on the subject, the file should be submitted to the legal services together with the report prepared by the Social Security Institution Guidance and Inspection Presidency in order to file a lawsuit.
Income paid to the relatives of the workers from the short-term insurance branch can be recourse to the employer at the rate of the employer’s fault. For this reason, the incomes granted by the Social Security Institution to the relatives of the workers from the rights provided by the short-term insurance branches will be deducted by taking into account the claims of the employee’s relatives in the material compensation case against the employer. This defect will be determined as a result of examining the information and documents related to the event experienced.
There are some obligations arising from the labor law and the law of obligations for the employee who dies while the employment contract is continuing. These payments must be made by the employer.
