Injury of Law Enforcement and Military Personnel During Duty: Law No. 2330 and Full Remedy Action – Duty Compensation

In the event of injury of police officers, soldiers, gendarmerie, coast guard, and other public officials in Istanbul and throughout Turkey during their duty or due to and as a result of their duties, various distinct rights and legal remedies may arise, such as cash compensation, duty or service disability pension, social security-sourced income, and pecuniary and non-pecuniary damages through a full remedy action against the administration.

not the Law No. 2330 on the Regulation of Betting and Chance Games in Football and Other Sports Competitions; but rather Law No. 2330, which applies to the injury of public servants and has been in effect since 1982, Law on the Payment of Cash Compensation and Granting of Pensions, provides special financial rights to such personnel. However, these payments do not automatically constitute the equivalent of the compensation claimed through a full remedy action (tam yargı davası); which components of the damage they cover and how they will be set off remains a matter of debate.

By working with an administrative law attorney and consultant, concretizing all compensation rights possessed by the personnel, having the technical calculation of payments performed, and seeking legal remedies in the competent administrative court will protect the rights of the injured officer in the most effective manner.

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Legal Characterization and Remedies

In the event of a public servant being injured while on duty, the following legal mechanisms may come into play regarding the same incident:

Recourse / Application Route	Legal Basis	Requested Relief / Assistance
Application under Law No. 2330	2330/1-4	Cash compensation and service disability pension (to the Cash Compensation Commission)
Full Remedy Action	IYUK (Administrative Procedure Law) art. 2, art. 36; Constitution art. 125	Pecuniary damages (medical treatment, loss of income, loss of earning capacity), non-pecuniary damages, difference in monthly pension
Social Security Application	Personnel file and SGK legislation	Duty disability pension, disabled care and guidance allowance
Judicial Lawsuit Against a Third Party	TBK art. 49-50 (Tort, fault)	Damages that must be compensated by the liable party or their insurer
Individual Application to the Constitutional Court	Constitution art. 148; Law No. 6216 art. 47	Violation of the obligation to protect life or to conduct an effective investigation

Critical Point: Each of these avenues is an independent application mechanism. Receiving payment within the scope of Law No. 2330 does not automatically render a full remedy action (tam yargı davası) moot. However, duplicate payments cannot be made for the same item of material damage. Which payments cover which damages must be determined through expert examination.

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Cash Compensation and Pension within the Scope of Law No. 2330

Scope and Personal Jurisdiction

The main categories of beneficiaries enumerated in Article 2 of Law No. 2330 are as follows:

• Personnel of the General Directorate of Security,
• Personnel of the General Command of the Gendarmerie,
• Personnel of the Coast Guard Command,
• Members of the Turkish Armed Forces,
• Members of the National Intelligence Organization,
• Market, neighborhood, and rural watchmen,
• Forestry personnel and customs enforcement officers,
• Personnel assigned to security and escort services of penal execution institutions,
• Other public officials and civilians under the conditions specified in the law.

Cash Compensation Amount and Disability Rate

Pursuant to Article 3 of Law No. 2330, cash compensation is paid to injured parties based on the degree of injury. In cases of becoming disabled, the disability rate (percentage) is taken as the basis. Since the exact amount is tied to the gross amount of the highest civil servant's salary at the date of the compensation decision, explaining the calculation basis rather than a fixed figure will be more accurate.

Meaning of Disability Rates:

• 1%-10%: Minor injury or temporary effects,
• 11%-50%: Moderate continuous effects (reduction in working capacity),
• 51+ high rate of disability (duty disability pension is granted).

Duty Disability Pension (25% and Above)

If a person's disability rate exceeds 25% as a result of the injury, pursuant to the provisions regarding high-rate disability, a duty disability pension may be granted. This pension is paid as a part or the entirety of the person's former salary or most recent monthly remuneration. The pension continues until the person's death or until they become capable of working again.

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Full Remedy Action: Procedure, Jurisdiction, and Time Limits

Competent Court: Administrative Judiciary

If the injury has a sufficient causal link with the public duty performed by personnel, as a rule, a full remedy action is filed against the administration in the administrative judiciary . Pursuant to Article 2/1-b of the İYUK, individuals whose personal rights are directly violated due to administrative acts and actions may file a full remedy action. Article 125 of the Constitution also explicitly stipulates that the administration is liable to compensate for damages arising from its own acts and actions.

If a third party is at fault for the injury, the possibility of filing a separate lawsuit in the judicial courts against this person or their insurer may arise. However, filing a lawsuit directly against the administration in the judicial courts for damages arising from the administrative fault or public service risk of the administration creates a jurisdictional issue.

Competent Court (İYUK Art. 36)

The competent administrative courts in order of preference are:

• The administrative court of the place where the service is rendered or the act is performed (For example, in the event that a police officer is injured during patrol in the province where they are on duty, the administrative court of the place where the incident occurred or where the service is carried out shall have jurisdiction),
• The administrative court of the plaintiff's place of residence.

Administrative Application Period and Limitation Period (İYUK Art. 13)

The time limits for injuries arising from administrative acts are as follows:

Stage	Duration	Commencement
Written Application to the Administration	1 year	From the date of learning of the damage and the administrative act
Application to the Administration (Absolute Time Limit)	5 years	From the date the incident occurred
Full Remedy Action (After Rejection)	60 days	From the date of notification of the rejection act
Implied Rejection (Application Rejection Acceptance)	30 days	As of the application date
Action Following Implied Rejection	60 days	From the end of the 30-day implied rejection period

Practical Takeaway: In cases of rejection of a compensation claim or allocation of a deficient pension, the date of notification of the rejection act is of particular importance. It is critical not to miss the 60-day period starting from the date of service.

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Claims: Cash and Non-Pecuniary Compensation

1. Pecuniary Damages: Medical Treatment, Loss of Income, and Loss of Capacity

Principal items under bodily harm pursuant to TCK m.54:

• Treatment expenses – All expenses such as hospital, surgery, medication, physiotherapy, and prosthetics,
• Loss of earnings – Salary for the period unable to work,
• Diminution or loss of working capacity – Future loss of income, loss of labor capacity.

In administrative judiciary practice, the following items are of particular importance:

Item of Damages	Definition	Documentation
Treatment and Care Expenses	All documentable medical expenses	Hospital invoices, prescriptions, payment records
Loss of Earning Capacity	Reduction in income due to injury	SGK records, payroll, medical board report
Loss of Effort	Decrease in quality of life, pain, restrictions	Medical report, expert witness examination
Caregiver Need	Cost of assistant personnel or family care	Medical board report, caregiver fees
Retirement Gratuity Difference	Gratuity lost due to early retirement	Personnel records, account statement
Professional Advancement Difference	Foregoing promotion due to injury	Promotion records, personnel file
Future Losses	Long-term loss of income arising from permanent disability	Expert witness calculation, medical report

Danıştay 10. Daire, E. 2017/2455, K. 2022/2553, T. 16.05.2022 In its ruling numbered above, the claim for pecuniary compensation by military personnel injured in a terrorist attack was examined. The decision establishes that the granting of a duty disability pension does not automatically eliminate all pecuniary damages; specifically, items such as loss of earning capacity and the difference in retirement bonuses must be evaluated separately.

2. Non-Pecuniary Compensation

Pursuant to Article 56 of the TBK, in the event of bodily impairment, the judge may award appropriate non-pecuniary compensation to the aggrieved party, taking into account the specifics of the case. In administrative jurisdiction, non-pecuniary compensation is determined by considering the traumatic nature of the incident, the severity of the injury, its permanent effects, the surgical and treatment process, working conditions, age, the consequences reflected on family and social life, and the criteria of equity.

Danıştay 10. Daire, E. 2018/2715, K. 2022/5285, T. 16.11.2022 It has been stated that, with respect to non-pecuniary compensation, it must be determined in an amount that will alleviate the grief and suffering experienced, yet without resulting in unjust enrichment. In cases of severe bodily harm, non-pecuniary compensation may also become applicable for the close relatives of the injured party.

3. Cash Compensation and the Set-off Effect of Pensions

Pursuant to Article 6 of Law No. 2330, the cash compensation paid and pensions granted within the scope of this Law correspond to the pecuniary damages incurred. Judicial authorities shall take these payments into account when calculating the compensation to be awarded for pecuniary damages.

The practical consequences of this are as follows:

• The fact that a payment has been received within the scope of Law No. 2330 does not automatically render a full remedy action (tam yargı davası) moot,
• However, a secondary payment cannot be made for the same item of pecuniary damage,
• The court must determine, through expert examination, which damage item the cash compensation and pensions correspond to, their updated values, and the remaining damage,
• The specific circumstances of the case shall be evaluated separately with respect to non-pecuniary damages; the existence of a monetary payment is not, in and of itself, a rule that definitively eliminates a claim for non-pecuniary damages.

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Precedent Rulings of the Council of State and the Court of Cassation

Ruling	Incident	General Principle
Council of State, 10th Chamber, E. 2018/2715, K. 2022/5285, D. 16.11.2022	Injury of a police officer in a traffic accident; presence of personnel fault	Strict liability is accepted for damages connected to official duties; personnel fault may constitute grounds for a reduction
Council of State, 10th Chamber, E. 2017/2455, K. 2022/2553, D. 16.05.2022	Injury of military personnel in a terrorist attack; payment of a duty disability pension	The duty disability pension does not cover damages such as loss of earning capacity and the difference in severance/retirement bonuses
Council of State, 10th Chamber, E. 2021/7381, K. 2024/416, D. 29.02.2024	Injury in a terrorist attack while on temporary assignment	The concept of official duty is evaluated taking into account all the circumstances of the specific case
Council of State, 10th Chamber, E. 2018/3918, K. 2022/6182, D. 20.12.2022	Injury of an expert sergeant of the gendarmerie as a result of an attack; cash compensation and granting of a pension	The offsetting effect of cash payments in the calculation of pecuniary and non-pecuniary damages
Court of Cassation 4th Civil Chamber, E. 2022/17093, K. 2025/4452, D. 17.03.2025	Traffic accident during military service; lawsuit against the insurance company	Double recovery is not possible for the same pecuniary loss; recourse rules shall apply

Principles Derived from the Decisions:

1. The fault of a public official while on duty does not automatically eliminate the right to compensation.
2. The granting of a pension automatically prevents claiming the full amount in the calculation of pecuniary loss; however, items such as effort and loss of income are evaluated separately.
3. The concept of duty is not limited only to the minutes when weapons are actually used or active operations are conducted.
4. The existence of a cash payment does not automatically eliminate the claim for non-pecuniary damages.

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Evaluation of Evidence and Burden of Proof

In an injury case, the strongest outcome is achieved by submitting official records together that demonstrate the nexus between the incident and the duty, as well as the true scope of the damage.

Type of Evidence	Matter Proved
Incident report / police summary report / judicial investigation document	Time, location, and manner of occurrence of the injury
Duty order, shift schedule, patrol record, operation plan	Personnel's duty status at the time of the incident
Temporary duty approval, course or training assignment	Nexus to duty in incidents occurring outside the place of duty
Hospital epicrisis, operation notes, treatment records	Severity of the injury and treatment process
Medical board report and disability report	Permanent effects, loss of earning capacity, disability rate
Cash Compensation Commission decision	Recognition and payment within the scope of Law No. 2330
Monthly pension allocation decision by the SGK or relevant social security institution	Duty/service disability pension and payment breakdown
Payroll records, promotion documents, and personnel files	Loss of income and financial consequences affecting professional standing
Invoices for medical treatment, care, transportation, and assistive devices	Actual pecuniary damages
Request for expert witness examination	Loss of capacity, income differential, offset, and update calculation

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Litigation Strategy

1. Establish the Status and Employment Relationship

Demonstrate with documentary evidence which department the personnel was in, the scope of their duties, and the nature of their command or service relationship. Facts related to temporary assignment, training activities, accommodation, and the duty station must be added to the file.

2. Evaluate the Application under Law No. 2330 Separately

In-house administrative processes must be followed regarding monetary compensation and duty disability pensions. These payments are not the subject of a full remedy lawsuit application; however, they may be offset in the calculation of damages.

3. Do Not Miss the Deadlines for Filing a Full Remedy Lawsuit

For damages arising from administrative actions, making a written application to the administration pursuant to Article 13 of the İYUK and observing the 60-day litigation period following a rejection or implied rejection constitutes the fundamental stage. Post-conviction execution process It is important to meticulously track litigation periods, such as.

4. Support Pecuniary Compensation with Technical Calculations

Disability, loss of working capacity, loss of effort, income disparity, medical treatment expenses, and the offsetting effect of prior payments require expert witness examination.

5. Substantiate Non-Pecuniary Damages

Permanent deformity, suffering, treatment process, impact on social life, and psychiatric consequences must be documented with medical reports.

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Frequently Asked Questions

1. Can a Full Remedy Lawsuit Be Filed After Receiving Payment Under Law No. 2330?

Yes. However, an offsetting calculation is made. Which item of damage the previous payments covered, their updated amounts, and the remaining damage must be determined through expert witness examination.

2. Is There a Need to File a Lawsuit If a Duty Disability Pension Has Been Granted?

The granting of a pension does not prevent claiming other items such as loss of effort, retirement bonus differentials, and non-pecuniary damages. An expert calculation with an offsetting review is required.

3. Is an Injury Considered Duty-Related If It Occurs Outside the Scene of Duty?

Injuries occurring during temporary assignments, training activities, troop movements, or while staying at lodging within the duty region may be considered duty-related. The concrete connection must be established with documentation.

4. Does the Existence of Personnel's Own Fault Eliminate the Right to Compensation?

No. The right to compensation is protected under the principle of strict liability. Personal fault may serve as a ground for reduction that can decrease the compensation; however, it does not completely eliminate the right.

5. What Actions Should Be Taken If a Third Party Is Liable?

If a third party is at fault, parallel to the application filed with the administration, a compensation lawsuit may be filed against that person or their insurer in the judicial courts. Recourse regulations are evaluated based on the specific circumstances of the case.

6. What Is the Statute of Limitations / Filing Period?

Written application to the administration: 1 year from the date of learning of the damage, in any case 5 years from the incident. Full remedy lawsuit following rejection: 60 days.

7. How Much Can Non-Pecuniary Damages Be?

It is determined by the judge based on the specific circumstances of the case. The severity of the injury, permanent effects, number of surgeries, age, and consequences reflected on social life play a significant role.

8. Why Is an Expert Witness Examination Necessary?

An expert witness examination is indispensable for complex calculations such as the disability rate, loss of earning capacity, loss of income, the offsetting effect of cash payments, and non-pecuniary damages.

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Conclusion

The injury of law enforcement and military personnel while on duty constitutes a legally complex area within the framework of Law No. 2330, full remedy actions (tam yargı davası), duty disability pensions, and various compensation mechanisms. Administrative law attorney consultant Working with, concretizing all compensation rights possessed by the personnel, having the technical calculation of payments made, applying to the competent administrative court with accurate evidence, and avoiding missing litigation deadlines will protect the rights of the injured officer in the most effective manner.

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Atty. Batın YILMAZ

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