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.
There are some benefits provided to the accidentee employees within the scope of the social insurance system of Turkey.
The Right Provided to Accidentee Employees
Within the scope of the Social Insurance and General Health Insurance Code No. 5510, the following rights are provided to the insured who have had a work accident or have an occupational disease:
– “Temporary incapacity allowance” is paid to the insured for periods of time he/she cannot work due to a work accident or occupational disease.
– If the insured becomes permanently incapacitated as a result of a work accident or occupational disease, “permanent incapacity allowance” is paid.
– In case of death of the insured as a result of a work accident or occupational disease, the “death income” is attributed to the remaining beneficiaries.
– Funeral assistance is provided for the funeral expenses of the insured person who died as a result of a work accident.
Aside of these social insurance rights, in the event that the worker becomes disabled or deceased as a result of a work accident or occupational disease, the beneficiaries or the accidentee may additionally claim material and moral compensation. The 10th Civil Chamber of the Turkish Supreme Court of Appeals, in its exemplary decision numbered 2020/6393 and 2020/7226 Decision, decided to “recover the material and moral damages of the entitled mother, father and siblings of the insured who died as a result of a work accident”.
Work Accident Legal Notice Period in Several Diverse Cases
Work accident notification period differs if the employer is informed at the time of the accident or learns later. First of all, it should be noted that at the time of the accident, the law enforcement authorities (police force or gendarme force) should be notified immediately. The work accident notification period to the Social Security Institution is three workdays (excluding Saturday and Sunday and the official holidays at which the public offices are closed). The beginning of the period for notification of work accidents may vary depending on the situation.
If the worker has an accident at the employer’s workplace, three working days start to run the day after the accident. However, if the worker is in a place where the employer is not present and the employer cannot be informed immediately when he or she has an accident, the three-day notification period to the Social Security Institution begins to run from the date the employer learns of the accident.
If the worker is working on his own behalf and on his own account, he must notify the Social Security Institution within three working days from the removal of the obstacles caused by the accident. Yet, under no circumstances can this period exceed one month from the date of the accident.
It has to be underlined that the employee who is working for an employer has not legal obligation to notify his/her accident to the Social Security Institution. However, in the implementation, many employees are notifying the SSI to get the benefits.
Even if the work accident is not notified to the Social Security Institution by the employer or the worker within three working days, the worker is still legally entitled to receive temporary incapacity allowance and thus will not suffer any loss of rights.
For benefiting from the social insurance benefits related to work accidents, the insured does not need to fill a certain premium payment days. All insured workers can receive the benefit from the first day without seeking a fixed number of premium days.
In cases where an inspection is needed, the Social Security Inspectors/Auditors will made an inspection on the case.
