What is a Work Accident Compensation Case?What is a Work Accident Compensation Case?
A work accident compensation claim is a material and moral compensation claim filed by an employer for the payment of compensation to him or his relatives by the responsible employer in the event of injury or death of an employee working at the workplace due to an employment relationship.
A work accident compensation case can be filed against both the main employer and all subcontractors (subcontractors). work accident compensation case can be filed against both the main employer and all subcontractors (subcontractors). For example, if company X subcontracted the electrical work of the construction it did to Company Y, and company Y did some of the electrical work together with company Z; if an employee of company Z dies as a result of a work accident, a lawsuit for material and moral damages frk accident compensation case can be filed against both the main employer and all subcontractors (subcontractors). For example, if company X subcontracted the electrical work of the construction it did to Company Y, and company Y did some of the electrical work together with company Z; if an employee of company Z dies as a result of a work accident, a lawsuit for material and moral damages for a work accident can be filed against all companies (Z, Y and Z), provided that they are paid jointly and severally.
What are the Cases Considered to be Work Accidents?
13 of the Social Insurance Law No. 5510. according to the article, the cases that are considered work accidents and can be sued for compensation are as follows13 of the Social Insurance Law No. 5510. according to the article, the cases that are considered work accidents and can be sued for compensation are as follows:
Any kind of physical or mental damage suffered by the employee while he is at the employer’s workplace is considered an occupational accident. It does not matter how the employee was injured or die3 of the Social Insurance Law No. 5510. according to the article, the cases that are considered work accidents and can be sued for compensation are as follows:
Any kind of physical or mental damage suffered by the employee while he is at the employer’s workplace is considered an occupational accident. It does not matter how the employee was injured or died. If the incident to which the employee was exposed took place at work, it is considered an occupational accident and may be the subject of a compensation lawsuit. For example, if a heart attack occurs at work, it is considered an occupational accident by the Supreme Court for this reason alone.
Due to the fact that an employee working under an employer is sent to another place outside the workplace as an employee, the actions that the employee is subjected to during the time that passes without doing his main job may be a work accident and may be the subject of a compensation lawsuit.Due to the fact that an employee working under an employer is sent to another place outside the workplace as an employee, the actions that the employee is subjected to during the time that passes without doing his main job may be a work accident and may be the subject of a compensation lawsuit.
If the employee works independently on his own behalf and account due to the work carried out by the employer, any event that occurs due to the work he is carrying out may be subject to a compensation claim as a work accident.
Accidents suffered by a nursing female worker during the time allotted for giving milk to her child in accordance with labor legislation are occupational accidents. For example, an employee who was injured by a chair falling from an upper balcony while breastfeeding his child may file a claim for occupational accident compensation to the employer.Accidents suffered by a nursing female worker during the time allotted for giving milk to her child in accordance with labor legislation are occupational accidents. For example, an employee who was injured by a chair falling from an upper balcony while breastfeeding his child may file a claim for occupational accident compensation to the employer.
Any kind of accident that occurs during the employee’s arrival and departure to the place where the work is done with a vehicle provided by the employer is a work accident. In practice, such accidents are called traffic work accidents.
The question that workers are most curious about in practice is how long the work accident compensation case will take.he question that workers are most curious about in practice is how long the work accident compensation case will take. Many issues such as whether the work accident is fatal or injurious, the nature of the work accident between the worker and the employer, the parties’ fault rate in the occurrence of the work accident, the worker’s wage, and whether the disability rathe question that workers are most curious about in practice is how long the work accident compensation case will take. Many issues such as whether the work accident is fatal or injurious, the nature of the work accident between the worker and the employer, the parties’ fault rate in the occurrence of the work accident, the worker’s wage, and whether the disability rate will be objected to in work accidents with injuries determine how long the work accident compensation case will take. The average compensation case in Turkey is concluded in at least 1.5 – 2 years.
Time to File a Work Accident Compensation Claim (Statute of Limitations)
The statute of limitations for filing a compensation lawsuit due to a work accident, in other words, is 10 years from the date the work accident occurred (TCC art.146)he statute of limitations for filing a compensation lawsuit due to a work accident, in other words, is 10 years from the date the work accident occurred (TCC art.146). There is no difference in terms of the general Decrees between injury (disability) or death as a result of a work accident.
It should be especially noted that if a criminal case has been opened due to a work accident and the “case statute of limitations” of the criminal case is longer, the statute of limitations of the criminal case is also applied in the case of compensation for a work accident.t should be especially noted that if a criminal case has been opened due to a work accident and the “case statute of limitations” of the criminal case is longer, the statute of limitations of the criminal case is also applied in the case of compensation for a work accident. Fort should be especially noted that if a criminal case has been opened due to a work accident and the “case statute of limitations” of the criminal case is longer, the statute of limitations of the criminal case is also applied in the case of compensation for a work accident. For example, in the case of the death of two workers working in the construction sector, a criminal case will be opened for the crime of causing death by installment. In case of causing the death of two people by taxi, the statute of limitations for a criminal case is 15 years. The 15-year statute of limitations in the criminal case will also be applied in the compensation case due to an occupational accident. However, if two people are injured by falling from a construction, the criminal case will have a statute of limitations of 8 years, since the crime will be a crime of wounding by installment, in this case, the statute of limitations of the criminal case will be taken into account, not the statute of limitations of the criminal case, but the general statute of limitations of the case of 10 years.
Another point to consider in terms of the statute of limitations period is; in cases of disability (injury) resulting from a work accident, if the disability rate cannot be determined precisely, when the statute of limitations period will start to run.nother point to consider in terms of the statute of limitations period is; in cases of disability (injury) resulting from a work accident, if the disability rate cannot be determined precisely, when the statute of limitations period will start to run. IfAnother point to consider in terms of the statute of limitations period is; in cases of disability (injury) resulting from a work accident, if the disability rate cannot be determined precisely, when the statute of limitations period will start to run. If the disability increases due to a “developing situation”, the statute of limitations begins to apply from the date of the last report in which the disability was definitely determined.
The Competent Court in Occupational Accidents Compensation Cases
The labor courts authorized to deal with occupational accidents are determined as follows (article of the Labor Courts Law No. 7036.6):
The general competent court for occupational accidents is the settlement court of the defendant natural or legal person on the date of opening the case. If the defendant is more than one, the settlement court of one of them is also authorized.The general competent court for occupational accidents is the settlement court of the defendant natural or legal person on the date of opening the case. If the defendant is more than one, the settlement court of one of them is also authorized.
The employment court of the place where the work accident or damage occurred is also authorized to hear cases of material The general competent court for occupational accidents is the settlement court of the defendant natural or legal person on the date of opening the case. If the defendant is more than one, the settlement court of one of them is also authorized.
The employment court of the place where the work accident or damage occurred is also authorized to hear cases of material and moral compensation arising from work accidents.
The labor court of the settlement of the plaintiff relatives of the employee who suffered disability due to a work accident or the deceased employee, if death has occurred, is also authorized.
Authority agreements between the employee and the employer that are contrary to the above Decrees are invalid.
Work Accident Detection Case
The work accident must be reported to the Social Security Institution by the employer.ork Accident Detection Case
The work accident must be reported to the Social Security Institution by the employer. Upon notification by the employer or the worker, SGK conducts an investigation through inspectors and prepares an investigation report that regulates whether the incident that occurred is a work accident, the manner in which the incident occurred and the fault status of the parties. If the incident is deemed a work accident in the investigation report, the beneficiary can file a material and moral compensation case directly in the labor court.
If the work accident is not accepted as a work accident by the Social Security Institution (SSI) despite being reported, a “work accident determination case” should be filed in which both the SSI and the employer will be shown as defendants. the work accident is not accepted as a work accident by the Social Security Institution (SSI) despite being reported, a “work accident determination case” should be filed in which both the SSI and the employer will be shown as defendants. The dispute related to the determination of an occupational accident is directly related to the rights area of the Social Security Institution and the institution is not a party in the compensation case. For this reason, the case for the determination of an occupational accident is considered as an independent case from the compensation case. The period for filing a lawsuit for the determination of an occupational accident is subject to a 10-year statute of limitations from the date of occurrence of the occupational accident. The work accident compensation case should wait for the finalization of the work accident detection case, which was filed as a separate case.The period for filing a lawsuit for the determination of an occupational accident is subject to a 10-year statute of limitations from the date of occurrence of the occupational accident. The work accident compensation case should wait for the finalization of the work accident detection case, which was filed as a separate case.
After the determination of an occupational accident case is finalized, resulting in the determination of an occupational accident in favor of the employee, a regular income is assigned by the SGK to the employee in case of disability and to the relatives of the deceased’s rightful owner in case of death. A certain part of the linked income is deducted from the amount of compensation requested in the compensation case.
If a compensation case is filed without notifying the institution (SGK) about the work accident, the labor court should give the plaintiff a period of time to notify the Social Security Institution of the work accident claim.f a compensation case is filed without notifying the institution (SGK) about the work accident, the labor court should give the plaintiff a period of time to notify the Social Security Institution of the work accident claim. If the incident is not considered an occupational accident by the Institution, the plaintiff should be given time to file a “case for the determination of an occupational accident”, to which the employer is a party, since this time it will affect the Social Security Institution and the rights area. The result of this determination case to be opened should be expected by the court hearing the compensation case and a trial should be held according to its result.
Tags: work accident, work accident statute of limitations, determination of work accident, compensation case
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