Workplace Accident Compensation Claims and Requirements

1. Which incidents count as workplace accidents?

Article 13 of Law No. 5510 does not limit workplace accidents to incidents at machinery or while actively working. An incident in one of the statutory circumstances that affects the worker physically or mentally, immediately or subsequently, may qualify. [1]

• While present at the workplace: Incidents in ancillary workplace areas may matter as well as those in the work area itself.
• Because of work conducted by the employer: Accidents during work at a customer’s address or another location.
• While assigned elsewhere: Incidents during periods when the main work is not being performed because of the assignment may also qualify.
• During statutory breastfeeding breaks: Time allocated for this purpose to a breastfeeding insured employee working under an employment contract.
• Travelling to or from work in employer-provided transport: Staff shuttle accidents are an example.

Not every traffic accident during an ordinary commute using your own arrangements automatically qualifies. An employer’s assignment, transport arrangements and work connection must be assessed. Likewise, not every incident at home during home working has the same result.

This guide principally concerns claims by employees working under an employment contract against their employer. Routes may differ for self-employed people, public officials and other social insurance categories.

2. What should be done immediately afterwards?

Obtaining medical care comes first. Accurate recording also helps later prove where, when and how the accident occurred.

1. Tell the healthcare provider that the incident occurred during work. Keep initial consultation, emergency, surgery and medical leave records. Request correction of inaccurate incident details.
2. Notify the employer in writing. State the date, time, place and circumstances; keep proof of sending.
3. Identify evidence before it disappears. Record witness contacts, safely obtainable photographs and details of the equipment involved.
4. Request preservation of camera footage. Consider a written request and, if necessary, legal measures to preserve evidence before deletion.
5. Check the SGK notification. Find out whether the employer reported the accident and what information was recorded.

For employees covered by Article 4(a), the employer must notify the competent law enforcement authority immediately and, generally, SGK within three working days after the accident. For an accident outside the employer’s control, the SGK period runs from learning of it. [1]

3. When is the employer liable for compensation?

Classification as a workplace accident for SGK purposes differs from the employer’s compensation liability. Under Article 417 of the Turkish Code of Obligations (TBK) and Law No. 6331, the employer must take occupational health and safety measures, supply necessary equipment, provide training and supervise implementation. [2] [3]

Liability is generally assessed on a fault basis; special grounds such as liability for hazardous activities are considered separately where applicable. Producing training attendance or equipment handover forms alone may be insufficient; suitability for the work’s risks and actual implementation are also examined.

An employee’s contributory fault does not invariably eliminate every claim; it may reduce compensation. Circumstances where force majeure or gross fault by the employee or a third party entirely breaks causation are different. One cannot conclude in advance that “the worker was careless too, so has no rights”. [7]

4. Which financial losses can an employee claim?

Pecuniary damages aim to compensate economic loss caused by the accident. Main categories under Article 54 of the TBK include: [2]

• Treatment and care costs: Necessary, unreimbursed healthcare costs linked to the accident and, where justified, care and related needs.
• Temporary loss of earnings: Income lost during recovery and inability to work.
• Permanent loss of working capacity: The effects of lasting impairment on occupational earning capacity and future income.
• Impairment of economic prospects: The injury’s specific effect on career progression or future earning opportunities.

Not every category arises in every accident. Someone who recovers fully may have no permanent loss but may still have temporary lost earnings or unreimbursed expenses. The same loss cannot be recovered twice under different labels.

Returning to work does not alone prove there is no lasting harm. Whether the employee needs greater effort to do the same work and medically established effects may matter. Looking only at the current salary is insufficient.

5. Who can claim non-pecuniary damages?

An injured employee may seek non-pecuniary damages for pain and adverse effects on life caused by bodily injury. This differs from compensation for economic loss. Article 56 of the TBK provides for an appropriate amount according to the circumstances. [2]

Severity, treatment, lasting effects, fault and personal consequences are assessed. There is no fixed non-pecuniary damages tariff for each accident or disability percentage.

If the employee dies or suffers serious bodily injury, relatives may also have a non-pecuniary claim. Every minor injury does not automatically give every family member a separate award; the relationship and effects require individual assessment.

6. Who has rights after a fatal workplace accident?

Death may give rise to funeral expenses, treatment and lost earnings before death where it was not immediate, and loss-of-support damages. Loss of support means losing support provided during the deceased’s life or expected in future. [2]

Support relationships are assessed for spouses, children and parents; another person may qualify if they establish a genuine support relationship. There is no fixed distribution based solely on civil-register relationships or inheritance shares.

Relatives’ non-pecuniary claims are assessed separately. SGK survivor payments do not mean that all loss-of-support and non-pecuniary claims against the employer have been satisfied.

7. Do SGK payments prevent a compensation claim?

No. Receiving SGK payments does not by itself prevent proceedings against the employer. However, their effect on compensation for the same loss is examined. Payments that SGK can recover from the employer by recourse differ from non-recoverable payments. Under Article 55 of the TBK, social security payments not subject to recourse cannot be deducted from damages. [2]

An assessment below 10%, or absence of permanent impairment, does not mean all claims—including temporary lost earnings, expenses and non-pecuniary harm—must fail. A general disability percentage must also be distinguished from loss of occupational earning capacity caused by the accident. [1] [5]

8. What if employment was unregistered or the accident was not reported?

The employer’s failure to register an employee for social insurance does not mean a person actually working loses all rights. Employment, dates and the incident’s workplace-accident status must be established. Wage payments, messages, assignments, entry records and witnesses matter.

If unreported, an application can be made to the relevant SGK unit for investigation. If SGK does not recognise it as a workplace accident, a court determination may be needed. Establishing insured employment and establishing a workplace accident may involve different disputes.

These processes may affect compensation and the progress of litigation. Do not assume all limitation periods automatically stop while SGK investigates. Unregistered employment and proceedings to establish periods of insured service particularly require separate deadline assessment.

9. Who should be sued, and where?

The labour court generally has jurisdiction over workplace accident compensation disputes between employee and employer. Where there is none, the civil court of first instance acts as a labour court. Statutory venue options include the defendant’s residence, the workplace, where the accident or harm occurred, and the injured employee’s residence. [4]

The correct employer must be sued. A sign, brand or the name of the person directing work at the accident scene does not always identify the legal employer. Where subcontracting exists, the principal employer’s joint liability should also be examined. Several companies sharing a location does not alone make them all liable.

If a third party, vehicle operator or insurer may also be liable, jurisdiction, venue, application and time-limit rules for those claims need separate examination. SGK is not automatically responsible for the employer’s compensation debt merely because it handles the accident file.

Is pre-action mediation compulsory?

Mandatory mediation does not apply to pecuniary and non-pecuniary damages claims arising from workplace accidents. Article 3(3) of Law No. 7036 exempts them. Other claims by the same employee, such as wages, severance or notice pay, have separate preconditions; the exemption does not cover all employment claims. [4]

10. What is the limitation period?

A general 10-year limitation period applies to workplace accident compensation claims against the employer based on liability under the employment contract. This follows Article 146 of the TBK and the employer’s duty of care. [2] [6]

The starting date must be assessed alongside the emergence and development of harm. Where harm was clear initially and did not later develop, the accident date may apply. For later-emerging or developing harm, knowledge and ascertainability also matter. Every later medical report does not automatically start a new 10-year period. [8]

For tort claims against third parties, Article 72 of the TBK may bring into play two years from knowledge and ten years from the act, along with conditions for applying a longer criminal limitation period where the conduct is an offence. Loss-of-support claims and claims against insurers must also be assessed on their own legal bases.

Do not wait merely because “workplace accidents have a 10-year period”. SGK notification, a criminal complaint and a compensation action are distinct; taking one step does not automatically preserve another deadline. Acknowledgment of debt, litigation and other grounds for interruption or suspension must be assessed in the file.

11. How is compensation calculated?

There is no universal wage figure or table awarding a fixed sum for each injury percentage. Principal inputs for pecuniary damages include:

• Age, occupation and actual earnings at the accident date.
• The period of temporary inability to work and nature of permanent impairment.
• Fault attributable to the employee, employer and others.
• Calculation assumptions for future working and life periods.
• For death, supported persons and duration and allocation of support.
• SGK income, prior payments and legally deductible amounts.

If payroll understates wages, actual earnings must be proved separately. Bank transactions, occupational seniority, comparable-wage enquiries and other evidence matter. Medical impairment, fault and wages are separate issues; quoting a figure from an expert report without context can mislead.

Non-pecuniary damages are not automatically a percentage of pecuniary damages. The court evaluates the specific circumstances. Interest and deduction of earlier payments are also determined according to the claim and applicable rules.

12. How does the case proceed, and which documents are needed?

Although the order varies, proceedings usually involve establishing the accident and employment relationship, determining medical effects, assessing fault and calculating loss. SGK records and any criminal file are obtained; witnesses are heard and reports sought from relevant specialists.

Monitor deadlines for challenging reports. The medical assessment rules used, an overlooked injury or an omitted safety measure may affect the outcome. If compensation cannot initially be quantified in full, the appropriate claim type and procedure for increasing the amount must be considered.

• Incident documents: Accident reports, police and prosecutor records, footage, photographs and witness details.
• Medical documents: Initial examination, surgery, discharge, medical leave, rehabilitation and medical board reports.
• Employment and wage records: Contract, SGK service history, payroll, bank records, assignments and shifts.
• Safety records: Training, risk assessment, equipment handover, maintenance and supervision records.
• Loss records: Treatment and care expenses, receipts, SGK income and benefit details.
• In fatal cases: Records of family and support relationships, funeral costs and other relevant documents.

You may be unable to obtain every employer-held document yourself; production through the court can be requested. Gathering documents should not delay treatment or compliance with deadlines. Duration depends on stabilisation of the medical condition, determination disputes, reports and appeals; no fixed completion time can be given.

13. Payments, releases and criminal proceedings

Does an employer’s payment end all rights?

No. A treatment advance, partial payment and agreement intended to settle the whole dispute differ. The purpose of the payment and wording of the document matter. A document headed “I have received all my entitlements” is not conclusive merely because of that title; validity requirements, including Article 420 of the TBK, must be examined. Conversely, a valid settlement or release may have serious consequences. Do not sign without understanding its scope. [2]

Can compensation be claimed before the criminal case ends?

A criminal investigation or prosecution concerning the accident does not mean compensation will automatically be paid in that file. A civil action is brought separately; factual findings in the criminal file may matter, and its outcome may be awaited where necessary. Completion of the criminal case is not invariably a prerequisite to suing.

Withdrawal of a complaint, criminal reconciliation, waiver of a claim and a compensation agreement are different acts. Reconciliation in criminal proceedings may bar compensation claims and result in waiver of pending proceedings, except for losses that could not be identified at reconciliation or arose later. The document, parties and scope therefore need separate assessment. [9]