What is Work Accident Compensation Case?

Work accident compensation case; It is a lawsuit for pecuniary and non-pecuniary damages brought to him or his relatives by the responsible employer in case of injury or death of an employee working at the workplace of an employer.

Work accident compensation lawsuit can be filed against both the main employer and all subcontractors (subcontractors). For example, if X company subcontracted the electrical works of its construction to Y Company, and if Y company did some of the electrical works together with Z company; In the event that a worker of company Z dies as a result of a work accident, a lawsuit for pecuniary and non-pecuniary damage can be filed against all companies (Z, Y and Z) due to work accident, provided that it is paid severally and jointly.

What are the Conditions Counted as Work Accidents?

According to the 13th article of the Social Security Law No. 5510, the situations that are considered as work accidents and which can be sued for compensation are as follows:

Any bodily or mental injury suffered by the worker while he is at the employer’s workplace is considered a work accident. It does not matter how the worker was injured or died. If the incident that the worker is exposed to has occurred in the workplace, it is considered as a work accident and can be subject to a compensation lawsuit. For example, if a heart attack occurs at work, it is considered by the Supreme Court as an occupational accident for this reason only.
Due to the fact that the employee working for an employer is sent to another place outside the workplace as an employee, the acts that the employee is exposed to during the times spent without performing his/her main job are work accidents and can be subject to a compensation lawsuit.
If the employee works independently on his own behalf and account due to the work being carried out by the employer, any incident that occurs due to the work he is carrying out can be subject to a compensation lawsuit as a work accident.
Accidents that a breastfeeding female worker is exposed to during the times allocated to give milk to her child in accordance with the labor legislation are work accidents. For example, an employee who is injured by a chair falling from the upper balcony while breastfeeding his child can file a lawsuit against the employer for work accident compensation.
Any accident that occurs during the worker’s journey to and from the place of work with a vehicle provided by the employer is an occupational accident. In practice, such accidents are called traffic accidents.
In practice, the most frequently asked question by the workers is how long the work accident compensation case will take. Many issues such as whether the work accident is fatal or injured, the nature of the work accident between the worker and the employer, the rate of fault of the parties in the realization of the work accident, the wage of the worker, whether the disability rate in work accidents with injuries can be objected to determine how long the work accident compensation case will take. An average compensation case in Turkey is concluded in at least 1.5 – 2 years.

Time to File a Work Accident Compensation Case (Timeout)

The period of filing a claim for compensation due to a work accident, in other words, the statute of limitations; 10 years from the date of the occupational accident (BK art.146). There is no difference in terms of general statute of limitations between injury (disability) or death as a result of a work accident.

In particular, it should be noted that if a criminal case has been brought due to an occupational accident and the “litigation statute of limitations” period of the criminal case is longer, the statute of limitations for the criminal case is also applied in the compensation case due to the work accident. For example, in the event of the death of two workers working in the construction industry, a criminal case will be filed for the crime of causing death by negligence. In the event of negligently causing the death of two people, the statute of limitations for the 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 work accident. However, if two people are injured by falling from the construction site, since the crime will be a crime of negligence and the statute of limitations for the criminal case will be 8 years, in this case, the 10-year general statute of limitations will be taken into account, not the statute of limitations for the criminal case.

Another point to be considered in terms of the statute of limitations; In cases of disability (injury) as a result of a work accident, when the disability rate cannot be determined precisely, when the statute of limitations will start to run. In the event that the disability increases due to a “developing situation”, the statute of limitations begins to run from the date of the last report in which the disability was definitively determined.

Competent Court in Work Accidents Compensation Cases

The labor courts authorized to deal with work accidents are determined as follows (Law No. 7036 on Labor Courts Art.6):

In occupational accidents, the court of general jurisdiction is the court of the domicile of the defendant real or legal person on the date of the lawsuit. If there is more than one defendant, the court of residence of one of them is also authorized.
The labor court of the place where the work accident or damage occurred is also authorized to deal with the cases for pecuniary and non-pecuniary damages arising from work accidents.
The labor court of the place of residence of the worker who has been disabled due to a work accident or, if death has occurred, of the plaintiff’s relatives, is also authorized.
Verbal authorization between the worker and the employer contrary to the above provisions.

The schemes are invalid.

Case of Detection of Work Accident

The occupational accident must be reported to the Social Security Institution by the employer. Upon the notification of the employer or the worker, SSI conducts an examination through the inspectors and prepares an investigation report that regulates whether the incident occurred is a work accident, the way the incident occurred, and the fault status of the parties. If the incident is described as a work accident in the examination report, the beneficiary may file a lawsuit for pecuniary and non-pecuniary damages in the labor court.

If the occupational accident has been reported to the Social Security Institution (SGK), but the incident has not been accepted as a work accident by the SGK, a “work accident detection case” must be filed in which both SGK and the employer will be shown as defendants. The dispute regarding the determination of the work accident is directly related to the right of the Social Security Institution, and the institution is not a party in the compensation case. For this reason, the case of determination of work accident is seen as an independent case from the compensation case. The period of filing a lawsuit for the detection of work accident is subject to a 10-year statute of limitations from the date of the work accident. The work accident compensation case should wait for the finalization of the work accident determination case, which is filed as a separate lawsuit.

After the work accident determination case is finalized in favor of the worker, resulting in the determination of the work accident, SGK pays a regular income to the worker in case of disability and to the rightful relatives of the deceased in case of death. A certain part of the tied income is deducted from the amount of compensation claimed in the compensation case.

If an action for compensation has been filed without notifying the occupational accident agency (SGK), the plaintiff should be given time to report the work accident claim to the Social Security Institution by the labor court. If the incident is not accepted as a work accident by the Institution, this time it will affect the Social Security Institution and the area of ​​rights, so the plaintiff should be given time to file a “detection case of work accident” in which the employer is a party. The outcome of this determination case to be opened should be awaited by the court hearing the compensation case, and a judgment should be made according to the result.

Ceza mahkemelerinde dava, Cumhuriyet başsavcılıklarınca iddianame düzenlenerek ile açılır. Ceza mahkemelerinde iddianame ile açılan davalarda, davayı açan Cumhuriyet savcısı topladığı deliller sonunda bir kişinin, bir suç işlediği iddiası yer alır. Ceza mahkemeleri, bu kişinin bu suçu işleyip işlemediğine ilişkin yargılama yaparlar.

Ceza mahkemelerinde herhangi bir kişi kendiliğinden dava açamaz. Kişi, şikayete tabi bir suçun mağduruysa ve şikayetçi ise bu durumda ilgili Cumhuriyet başsavcılığına başvurarak bir ceza soruşturması yapılmasını sağlar. Kişi eğer şikayete tabi olmayan bir suçun mağduruysa bununla alakalı şikayette bulunarak ilgili Cumhuriyet başsavcılığına başvurarak bir ceza soruşturmasına başlanılmasını sağlayabileceği gibi, şikayete tabi olmayan suçlarda herhangi bir kişinin suç duyurusunda bulunması, kolluk birimlerinin suça konu olaydan haberdar olmaları veya re’sen Cumhuriyet savcıları tarafından ceza soruşturmasına başlanabilir. Ceza hukukunda dava işte bu durumlar sonrası düzenlenecek iddianamenin ilgili mahkemece kabul edilmesi sonucu başlar. Ceza hukukunda dava sürecine aynı zamanda “kovuşturma aşaması” da denir.

Roughly speaking, it is called proxy to authorize a person who has reached the age of eighteen and who is in good mental health to do one or more works on your behalf. When someone is appointed as a proxy, a proxy relationship is formed between the proxy and the attorney.

According to our legislation, this proxy relationship must be established through a notary public in order for certain transactions to be carried out. Here, the official document that the notary public will issue on this subject is called a power of attorney.

According to the Attorneyship Law, only lawyers holding a license to act as a proxy before the judicial authorities are authorized to act on your behalf. In other words, anyone who does not practice the profession of attorneyship and does not have a license does not have the right and authority to represent you before the judicial authorities or to be a proxy for you.

When you want to give power of attorney to a lawyer legally, this is done by a notary public. A power of attorney is issued by the notary according to the type of transaction you will make.

When you decide to issue a power of attorney to a lawyer, you should go to a notary public and declare your will and have the following with you:

Republic of Turkey ID numbers of the lawyer or lawyers you will give power of attorney for

Identity card or passport,

Two photos if you’re giving power of attorney to file for divorce.

In addition, if the party issuing the power of attorney is the company, the signature circular and the authorization document must be submitted. If you use the phrase “in person by proxy” on behalf of the company in the proxies to be issued on behalf of the company, you will be giving a power of attorney both for your company and for yourself, and you will not have to deal with issuing a power of attorney again when necessary.

Turkish citizens or foreigners abroad They can issue a power of attorney at their consulate.

CIVIL COURT OF MAGIC

Plaintiff:

TURKISH IDENTITY NUMBER :

ADDRESS :

ATTORNEY:

(Legal representatives of the parties, if any)

ADDRESS :

(Legal representatives of the parties, if any)

DEFENDANT:

ADDRESS :

SUBJECT : It consists of our request for the elimination of partnership in inheritance.

DESCRIPTIONS :

1-) The testator died on … …, …/…/… and the inheritance was left to our client and his defendant brother … …. Our client is the daughter of the deceased.

2-) Due to the negative and malicious behavior of the defendant, problems arose in the division of inheritance and conflicts arose between the parties. This matter will be clarified by the statements of our witnesses, whose names and addresses are written in the witness list (Annex-2), if your court deems it appropriate. For this reason, it is demanded that among the goods in the estate, the distribution of those that can be divided exactly, and the distribution of those that are not possible, through sales.

3-) Due to the reasons explained above, it has become necessary to file a lawsuit for the distribution of the inheritance.

LEGAL REASONS :

LEGAL EVIDENCE: Family population registration sample, certificate of inheritance, discovery, witness statements.

CONCLUSION AND REQUEST: For the reasons we have explained above, we request by proxy that the inheritance be decided to be shared and that the trial expenses and attorney’s fee be charged to the defendant. …/…/…

APPENDIX 1. Family birth certificate and certificate of inheritance dated …/…/…

The names and addresses of the witnesses and the subjects they will testify
shows witness list,

One copy of certified power of attorney.

Plaintiff’s Attorney

Lawyer

TO THE CIVIL COURT OF MAGIC

Plaintiff:

TURKISH IDENTITY NUMBER :

ADDRESS :

ATTORNEY:

(Legal representatives of the parties, if any)

ADDRESS :

(Legal representatives of the parties, if any)

DEFENDANTS: 1-

2nd-

ADDRESS :

SUBJECT : Request for Elimination of Stakeholders in the Real Estate

consists of.

DESCRIPTIONS :

1- Our client, together with the defendants, has built a two-storey summer house on the immovable registered in the title deed in the subject of the lawsuit … City, … District, … District, … Island, … Layout, … parcel. (Appendix 1) There are also orange and grape orchards on the immovable, the area where our client built the building and other parts are used as if they were actually divided among the stakeholders. While the real estate has been used by all stakeholders without any problems for years, after the construction of the house was completed, other stakeholders started to cause problems in terms of use, and the continuation of the partnership became unbearable for our client.

2- The sharing of the immovable between the parties with the consent of the parties was not possible due to the unwillingness to pay the value of the building. However, the reinforced concrete building on the immovable has been built entirely with the expenditures of our client’s personal assets and his personal effort. (Appendix 2) On the other hand, there is an annotation in the title deed that the building belongs to our client (Appendix 3) and all stakeholders agree on this issue. (Appendix 4)

3- It has become necessary to apply to your court to ensure that the immovable is divided exactly, if possible, and if it is not, to decide on the dissolution of the partnership through sale, provided that the cost of the assets is left to the client.

LEGAL REASONS: 4721 S. K. m. 698, 699, 6100 S. K. m. 4, 12, 316

LEGAL EVIDENCE: Land registry dated …/ …/ …, dated …/ …/ …

bank loan agreement, invoice dated …/ …/ …

and five invoices dated …/ …/ …

CONCLUSION AND REQUEST: For the reasons explained above, we respectfully request on behalf of our client that the partnership in the immovable property be resolved primarily through distribution, if it is not possible, through sale, provided that the value of the building is left to the client, and that the court costs and attorney’s fees be charged to the parties in proportion to their shares. …/ …/ …

Plaintiff’s Attorney

Lawyer

ATTACHMENTS: 1- Title deed registration dated …/ …/ …

2- Bank loan agreement dated …/ …/ …, invoice dated …/ …/ …

and 5 invoices dated …/ …/ …

3- Witness statement regarding the ownership of the real estate to our client

4- One copy of approved power of attorney

Personality can end in two ways. These are death and absence.

1- DEATH

Detection of Death: According to TMK article 28/1, personality ends with death. While the rights that are closely tied to the person disappear, other rights pass to his heirs by inheritance. With the dissolution of the personality, new rights cannot be acquired because the entitlement has also ended. In determining the subject of death, there are two different types of death as biological and brain death.

Proof of Death: According to MK29/1, the person claiming that a person is alive or dead is obliged to prove it. Personal status logs are available for these when doing so. If the inaccuracy or absence of information in this register is claimed, it can be proved with all kinds of evidence.

Presumptions: There are also presumptions used to prove death. They are presumptions of death and death together.

-Presumption of Death: Although there is not the slightest doubt that the person is dead, it can be used when the body is not found. For example, if a passenger plane explodes, there is a presumption of death. According to Article 31 of the TMK, a person who considers his death certain according to his life experiences disappears and cannot be found, he is considered dead. With the demise of the death record, the consequences of that death come.

• Presumption of Death Together: The important thing in this presumption is not that the corpse cannot be found, but that the exact time of death of the deceased is not known. There are more than one person whose death cannot be determined. Those who die with this presumption are deemed to have died together. Here, for example, while the first deceased in the spouses is the heir to the other, if there are no common children on the presumption of death, the second group passes to their heirs.

Body Condition: The bodies of the deceased do not have any rights, but their relatives have the right to personal rights over the body of the deceased. Damages done to the corpse are deemed to have been done to their personality. Relatives can also file lawsuits.

2- OBJECTION: In some cases, the situation of people does not count death as a presumption, but leaves doubts about whether they are dead or alive. Here, people must have disappeared in great danger of death or have not been heard from for a long time.

An example of disappearing in danger of death would be a soldier lost in battle.

If there is no news for a long time, there should be doubt whether the person is alive or not. Therefore, not being able to hear from someone who goes to another country to work and does not have the habit of speaking is not included in this. If this person is in regular communication and suddenly cut off the relationship, this lawsuit can be filed. If the person disappeared with the risk of death, a lawsuit can be filed after 1 year, and after 5 years due to not receiving any news for a long time. Spouses, heirs or those who testify in their favor can file this lawsuit.

The person whose disappearance is decided is not dead or alive. The person’s property passes to his heirs. Likewise, those who claim the opposite of absence are obliged to prove it.

DEFINITION

The definition of a settlement is as follows in article 19/1 of the Turkish Civil Code: “A settlement is a place where a person resides with the intention of staying permanently”

PRINCIPLES THAT DOMINATE THE SETTLEMENT

1) The Uniqueness of the Settlement

TMK is in Article 19/2. In our law, a person cannot have more than one place of residence. This rule applies to both natural and legal persons. However, it is not valid in commercial and industrial institutions. However, the principle of uniqueness of place does not mean that a person cannot be associated with more than one place. The person may have houses where they stay in different places in summer and winter, in such a case, the judge will appreciate where the settlement is.

If one of the spouses makes a different place of residence, the house they share with TMK 186 is considered as their residence.

2) Necessity of Residence

This principle indicates that everyone must have a place of residence. For those who do not have a place of residence, provisions are given accordingly in MK 20. According to paragraph 2, the place of residence of those who do not have a place of residence in Turkey is considered their place of residence.

3) Continuity of the Settlement

It means that everyone has a place of residence from birth to death. Of course, a person can change his place of residence, but there is a place of residence from birth to death, and its continuity tells this.

Types of Settlement

1) Independent Settlement: It is the name given to the settlement established by those outside the Turkish Civil Code. It is a place of residence established by the individual independently. There are two conditions; permanent residence intention and settling intention.

2) Legal Place of Residence: Persons specified in Article 21 of the TMK are subject to a legal, that is, non-independent settlement. “The place of residence of the child under custody, his mother and father; If the parents do not have a common place of residence, it is the place of residence of the mother or father to whom the child is left. In other cases, the child’s place of residence is considered his place of residence.

The place of residence of the persons under guardianship is the place where the guardianship authority to which they are attached is located.

The place of residence of the children in custody is the parent’s joint residence or, if they do not have a joint residence, the residence of the parent from whom the custody was released.

FURTUM AND RAPINA

FURTUM

Although we usually translate it as theft, it actually has a broader meaning. It also covers breach of security and crimes against property. It is one of the oldest torts of Rome. There are three types

Furtum Rei is when a thief enters the house directly and steals an item. Furtum Usus is the theft of using. If the person who is only in charge of holding what he is holding uses it, it is Furtum Usus. Furtum Possessionis, on the other hand, is the person who stole what he pawned, the theft of possession.

RAPINA

Extortion or rapina; It is the taking or usurpation of a person’s property by using force and violence. If the case is opened within 1 year after the usurpation, 4 times the price of the item, if it is opened after 1 year, the price of the item can be demanded. Those who were convicted for extortion were declared infamis, dishonest.

DAMAGES TO PROPERTY AND INIURIA

Damnum Iniuria Datum: To unjustly damage the property of others. Injuring his slave, breaking his door, etc. In order for this crime to be counted, it must first be a tortious act. If there is self-defense, this is not a tort.

Iniuria: It means the direct rape of the person and the violation of the personality. Over time, this concept began to be used for all kinds of material and moral rape. Therefore, conviction would result in infamia, that is, dishonor.

THE PRETORS KNOW: DOLUS AND METUS

Dolus: It means cheating. It includes all corruption, deceptive words and actions. Later, the meaning of this crime was expanded and all kinds of acts against goodwill were included in the scope of the dolmas crime. Before that, the ius civile did not take precautions against cheating and there was no penalty, then the praetors took measures against it.

Metus: Revenge. It is to make a person take a legal action that he would not normally do, by threatening or intimidating. There is a spiritual compulsion.

Fraus Creditorum: It is the name given to the fraudulent smuggling of goods by the debtor to the detriment of the creditor.