Istanbul Work Accident Lawyer

Work Accident Lawyer

work accident lawyer, is an attorney who provides legal support regarding the evaluation of the legal rights of employees injured as a result of a work accident or the relatives of employees who lost their lives in fatal work accidents; conducting Social Security Institution procedures, fault determination, material and moral compensation claims, and litigation processes.

Work accidents are not limited to injuries occurring during the use of machinery at the workplace. Many factors, such as where and under what conditions the accident occurred, whether the employee was assigned by the employer, whether transportation was provided by the employer, and the connection between the incident and the performed work, may be important in legally evaluating an incident as a work accident.

following a work accident, regarding the same incident Social Security Institution procedures, the employer's occupational health and safety obligations, fault examination, disability or permanent incapacity status, material compensation, moral compensation, compensation for deprivation of support, and, when necessary, criminal investigation such different legal processes may come into question.

Therefore, after a work accident occurs, the incident must be examined not only based on the moment of the accident itself, but by evaluating the employment relationship, safety measures at the workplace, medical documents, witness statements, camera recordings, occupational safety documents, and other evidence together.

What is a Work Accident?

One of the fundamental regulations in the legal assessment of a work accident is Social Insurance and Universal Health Insurance Law No. 5510‘. For an incident to be considered a work accident, it is not always necessary for it to occur while the employee is actually performing their work at the workplace.

Under the conditions specified in the law;

• while the insured employee is at the workplace,
• due to the work being carried out by the employer,
• during the times spent while the employee is sent to another place on assignment by the employer,
• during the breastfeeding leave of a nursing employee,
• during the journey to or from the workplace in a vehicle provided by the employer

incidents that occur and affect the insured employee physically or mentally may be evaluated within the scope of a work accident under certain conditions.

Therefore, jumping to the conclusion that "the accident occurred outside the workplace, therefore it is not a work accident" is not correct. The reason, location, time, and scope of duty under which the incident occurred must be examined separately.

What Does a Work Accident Lawyer Do?

The role of a work accident lawyer is not solely to file a compensation lawsuit in court. Since the legal consequences of a work accident may involve multiple interconnected processes, the legal situation may need to be evaluated as a whole from the very beginning of the incident.

Within the scope of legal services related to a work accident, depending on the specific circumstances of the case, the following procedures may come into question:

• evaluation of the incident's qualification as a work accident,
• examination of documents related to the work accident,
• checking SGK records and the work accident notification,
• examining the employer's occupational health and safety obligations,
• investigating the manner in which the work accident occurred,
• legal evaluation of fault status,
• examination of health and disability documents,
• determination of pecuniary damage items,
• evaluation of the conditions for non-pecuniary compensation,
• evaluation of damages for deprivation of support in fatal work accidents,
• preparation and pursuit of compensation lawsuits arising from work accidents,
• evaluation of legal processes connected with transactions carried out by the SSI,
• separate examination of the criminal law dimension of the work accident in the event of an ongoing criminal investigation,
• legal evaluation of expert and liability reports,
• examination of compensation calculations performed by the actuary expert.

Not every work accident produces the same legal consequence. For example, the claims that may be asserted and the processes to be conducted may differ between an accident resulting in a simple injury and an accident causing permanent loss of working capacity or resulting in death.

Which Incidents Can Be Considered Work Accidents?

When a work accident is mentioned, most people think of accidents occurring in a factory, construction site, or production facility. However, in legal terms, the scope of a work accident may be broader than this.

Depending on the circumstances of the specific case, the following events may be evaluated within the scope of a work accident:

• falling from a height at a construction site,
• injury caused by construction machinery or production equipment,
• explosions occurring in a factory or workshop,
• electrocution,
• injury resulting from slipping or falling at the workplace,
• traffic accident occurring while performing a task assigned by the employer,
• accident occurring in a shuttle vehicle provided by the employer,
• accident suffered by an employee sent to another location for work purposes within the scope of that assignment,
• physical assaults occurring at the workplace,
• accidents occurring due to the absence of required safety measures at the workplace,
• injuries occurring during lifting, carrying, or manufacturing activities.

However, it should not be concluded from these examples that every incident will automatically be considered a work accident. Whether an incident constitutes a work accident must be determined by evaluating Law No. 5510 and the specific circumstances of the incident together.

What Should Be Done First When a Work Accident Occurs?

Following a work accident, the priority is the employee's health condition. The injured person must receive the necessary medical intervention without delay.

At the same time, proper documentation of the incident is also important for subsequent legal proceedings. Since evidence regarding how the work accident occurred may disappear over time, preserving documents and records at the earliest possible stage can be beneficial.

1. Application to a Healthcare Institution

Following an accident, the employee applying to a healthcare institution is important both for their health and for documenting the incident.

Hospital records may include the nature of the injury, the treatments performed, and, where applicable, the information that the incident constitutes a work accident. Medical reports can serve as one of the crucial documents in subsequent stages for disability, loss of working capacity, and damage assessments.

2. Reporting the Incident as a Work Accident

The employer has the obligation to report the work accident to the Social Security Institution under the conditions stipulated by the legislation.

For insured employees working under Article 4/a, the notification is, as a rule, made within three business days following the accident. In situations such as the work accident occurring in a place outside the employer's control and the employer learning of the incident at a later time, the commencement of the period may be evaluated differently.

The failure of the employer to make the notification does not prevent the legal status of the incident from being evaluated separately. Even if the work accident has not been reported at all or has been reported differently, the specific circumstances and available evidence must be examined.

3. Preservation of Evidence

In work accident lawsuits, how the accident occurred and the fault rates of the parties are frequently significant matters of dispute.

Therefore, if available;

• workplace security camera footage,
• accident report forms,
• occupational safety records,
• witness information,
• photograph and video records,
• hospital documents,
• ambulance records,
• law enforcement reports,
• documents demonstrating the employee's duties and work schedule,
• personal protective equipment delivery receipts,
• occupational health and safety training records

may be of importance in terms of legal evaluation.

What Happens If a Work Accident Is Not Reported to the SSI?

The employer's failure to fulfill the obligation to report a work accident may lead to various legal and administrative consequences. However, the employer's failure to make the notification in a timely manner does not solely eliminate the employee's all rights arising from the incident.

In the event that the work accident is not included in the SSI records, the determination of the occupational nature of the incident may come into question. In this case, medical documents regarding the accident, workplace records, witness statements, and other evidence may gain importance.

Therefore, it should not be concluded that an employee has no legal rights solely based on the information that the "employer did not report it."

How Is the Employer's Liability for a Work Accident Determined?

The occurrence of a work accident and the scope of the employer's liability for compensation are not the same legal issue.

When evaluating the employer's liability, elements such as the manner in which the incident occurred, the occupational health and safety measures that should have been taken, the actual precautions implemented, the training provided to the employee, the equipment used, the duty of supervision, and the fault status of the parties may be examined.

The employer must act in compliance with the obligations stipulated by legislation to ensure the occupational health and safety of employees. Depending on the nature of the work, conducting a risk assessment, providing appropriate equipment, informing employees, and implementing occupational safety measures may be required.

However, the fault ratio is not the same in every incident. The employee's actions, the acts of third parties, or other factors playing a role in the occurrence of the accident may also be evaluated in the fault examination.

How Is the Fault Rate Determined in a Work Accident?

In compensation lawsuits arising from work accidents, one of the most crucial examinations is often the fault examination.

The court may decide to obtain a report from expert witnesses specialized in their fields, depending on the manner in which the accident occurred and the nature of the dispute.

In the evaluation of fault;

• the measures the employer was required to take,
• the safety precautions actually implemented,
• occupational health and safety trainings,
• instructions given to the employee,
• the condition of the machinery and equipment used,
• whether personal protective equipment is available,
• inspection of the workplace,
• the employee's conduct in the occurrence of the accident,
• the impact of third parties, if any

such elements may be taken into consideration.

In the fault report, not only the determined rate is important, but also the technical and legal grounds upon which this rate was reached.

What Compensations Can Be Claimed as a Result of a Work Accident?

Claims that may be asserted following a work accident vary depending on the outcome of the accident. The items of damages in a work accident resulting in injury and a work accident resulting in death are not the same.

Depending on the specific circumstances of the case, claims such as pecuniary damages, non-pecuniary damages, and, in the event of death, compensation for deprivation of support may arise.

Pecuniary Damages in Work Accidents

The purpose of pecuniary compensation is to remedy the pecuniary damage arising from a work accident that is legally compensable.

In the event that the employee suffers a permanent loss of working capacity as a result of a work accident, the effects on future earnings may be significant in the calculation of compensation.

Depending on the circumstances of the specific case, within the scope of pecuniary damage;

• losses arising from temporary loss of working capacity,
• losses arising from permanent loss of working capacity or loss of earning capacity in the profession,
• documentable medical treatment and healthcare expenses,
• expenses that may arise from the need for care,
• other pecuniary damages that are a direct consequence of the accident

may be evaluated.

The amount of compensation is not determined solely by the severity of the injury. The employee's age, income, degree of fault, loss of working capacity, payments made by SGK, and other legal elements may affect the calculation.

Non-Pecuniary Compensation in Work Accidents

An employee whose physical integrity is impaired due to a work accident may claim non-pecuniary compensation, provided that the conditions of the specific case are met.

In determining non-pecuniary damages, the severity of the accident, the nature of the injury, the treatment process, permanent effects, the fault status of the parties, and other specific circumstances of the event may be taken into account.

There is no fixed calculation schedule applicable to everyone regarding non-pecuniary damages. The claim and the amount to be awarded must be evaluated according to the specific circumstances of the case.

What Rights May Arise in Fatal Work Accidents?

If a work accident results in the death of the employee, the legal situation differs. For individuals deprived of the employee's support, compensation for deprivation of support may come up.

In addition, depending on the circumstances of the incident, claims for non-pecuniary damages by the relatives of the deceased may also be evaluated.

Furthermore, in fatal work accidents, the income and other social security rights that may be granted to the beneficiaries by the SSI constitute a separate legal domain.

Therefore, in work accidents resulting in death;

• the SSI dimension of the work accident,
• damages for deprivation of support,
• non-pecuniary damages,
• fault status,
• the liability of the employer,
• the liability of third parties, if any,
• criminal investigation

must be evaluated separately from one another.

What is Compensation for Deprivation of Support?

Compensation for deprivation of support, is a type of compensation aimed at remedying the damage incurred when individuals who were economically supported by a deceased person during their lifetime are deprived of that support.

This compensation is not solely dependent on the status of being an heir. The fundamental issue is whether the deceased would have provided actual economic support to the relevant person during their lifetime or in the ordinary course of life.

In the calculation, various factors may be evaluated, such as the income and age of the deceased employee, the duration of support, the status of the beneficiaries, fault percentages, and social security payments.

What is Permanent Incapacity for Work in a Work Accident?

In the event of a permanent reduction in an employee's earning capacity in their profession as a result of a work accident, permanent incapacity for work may arise in terms of social security law.

This concept and the terms "disability" or "handicapped status" used in everyday parlance may not have the same legal meaning.

Determinations regarding the employee's health status can be evaluated within the scope of reports obtained from authorized healthcare institutions and processes conducted by SGK.

In a compensation lawsuit, the impact of the employee's permanent loss of working capacity on the damages can be calculated separately.

How is Work Accident Compensation Calculated?

There is no fixed amount applicable to everyone regarding work accident compensation.

In the calculation, depending on the specific circumstances of the case;

• the age of the employee,
• income prior to the accident,
• rate of loss of working capacity,
• the fault rates of the parties,
• the date of the accident,
• payments made or granted by SGK,
• actuarial data regarding the employee's life expectancy and working period

many factors such as these may be taken into consideration.

Therefore, general calculations such as \"if there is a 20% disability, a certain amount of compensation is awarded\" do not yield reliable results for every case.

In judicial proceedings, an expert review in the field of actuarial science or calculation may come into question in order to determine the amount of material compensation.

Can an Unregistered Employee Claim Rights If They Suffer a Work Accident?

The fact that the employee has not been reported to SGK by the employer at all does not mean that an employment relationship does not exist de facto.

In the case of an individual who suffers a work accident while working informally without insurance, proving the employment relationship and the conditions under which the accident occurred first gains importance.

Witnesses, wage payments, text messages, workplace records, camera footage, documents regarding the working order, and other evidence may be crucial in establishing de facto employment.

In such cases, along with the determination of the work accident, it is also possible for other legal disputes regarding insurance and service relationship to arise.

What Can Be Done If the Employer Does Not Acknowledge the Work Accident?

The employer's claim that the incident is not a work accident does not legally mean that the incident is not a work accident.

Whether an incident qualifies as a work accident is evaluated not based on the admission of either party, but according to the conditions under which the incident occurred and the applicable legislation.

In this context, particularly;

• medical records,
• workplace records,
• witness statements,
• SGK records,
• camera footage,
• law enforcement records,
• records demonstrating the employment relationship

may be of significance.

What Evidence Is Used in Work Accident Lawsuits?

The evidence that can be used in work accident lawsuits varies depending on the nature of the accident.

Among the primary evidence are;

• work accident reports,
• SGK records,
• hospital and medical records,
• forensic reports,
• workplace security camera footage,
• photograph and video records,
• witness statements,
• occupational health and safety training records,
• risk assessment documents,
• personal protective equipment delivery receipts,
• workplace instructions,
• machinery and equipment maintenance records,
• documents issued by labor inspectors or other institutions,
• expert reports

may be included.

The legal value of evidence varies depending on the specific circumstances of the case. The absence of a single document does not always mean that the accident cannot be proven.

Expert Witness Examination in Work Accident Lawsuits

In work accident lawsuits, expert testimony is frequently required due to technical and calculation-related matters.

For instance, determining the fault of the parties in the occurrence of the accident may require technical expertise. Similarly, the calculation of material compensation requires the evaluation of income, loss of working capacity, life expectancy, and other actuarial factors.

Therefore, the case file may contain:

• fault expert report,
• medical or disability assessment,
• actuarial or calculation expert report

reports relating to different areas of expertise.

It is important that expert reports are evaluated together with the evidence in the file and the legal framework.

Against Whom Is a Work Accident Lawsuit Filed?

In a compensation lawsuit arising from a work accident, who the defendant will be is determined according to the specifics of the case.

While the legal liability of the employer is evaluated in most cases, circumstances such as the principal employer-subcontractor relationship, the role of third parties in the accident, or the liability of another company can affect the scope of the defendant parties.

Particularly in large construction projects, subcontractor relationships, or situations where multiple companies operate in the same workplace, a detailed examination of the employment relationship and the legal positions of the parties may be required.

Liability of the Principal Employer and Subcontractor

In the event that a work accident happens to a subcontractor's employee, making an assessment solely through the employer appearing on the payroll may not always be sufficient.

Whether a principal employer-subcontractor relationship legally exists, the organization of the work, and the liability of the parties within the framework of the relevant legislation must be evaluated separately.

Such working models are frequently encountered, especially in the construction, manufacturing, logistics, security, and service sectors.

Can a Criminal Case Be Filed Due to a Work Accident?

A work accident may also entail consequences in terms of criminal law.

In the event that the accident results in injury or death and it is alleged that there was negligent conduct in the occurrence of the incident, an investigation may be conducted by the prosecutor's office.

A criminal investigation and a compensation lawsuit are not the same legal process. While criminal liability of individuals is evaluated in the criminal investigation, the compensation of the damage incurred and the legal liability of the parties are examined in the civil lawsuit.

Nevertheless, certain evidence, expert reports, or determinations in the criminal case file may also hold significance for the civil lawsuit.

Is Mediation Mandatory in Work Accident Lawsuits?

Although mandatory mediation is applied prior to filing a lawsuit in many disputes arising from labor law, There is an exception to the general mandatory mediation requirement regarding pecuniary and non-pecuniary compensation claims arising from work accidents or occupational diseases.

Therefore, it should not be assumed that a compensation lawsuit arising from a work accident is subject to the same procedure as, for instance, an employee receivable lawsuit.

However, if the specific case also involves different employment or contractual claims in addition to the work accident compensation, the procedural conditions of each claim must be evaluated separately.

In Which Court Is a Work Accident Lawsuit Filed?

Pecuniary and non-pecuniary compensation disputes based on employer liability arising from a work accident generally fall within the jurisdiction of labor courts. görev alanındadır.

However, the parties to the dispute, the legal nature of the matter, and the asserted claims may affect the assessment of jurisdiction and venue.

Therefore, before filing a lawsuit, the court with jurisdiction and venue must be determined with respect to the specific circumstances of the case.

What Is the Statute of Limitations for a Work Accident Lawsuit?

The statute of limitations is a crucial matter in claims arising from work accidents, and evaluating each case solely by looking at the date of the accident may not be accurate.

The legal basis of the compensation claim, the time when the damage and the liable party were discovered, whether the incident also constitutes a crime, and applicable special provisions may affect the evaluation of time periods.

In practice, regarding employer liability and compensation claims arising from work accidents, 10-year statute of limitations although important, the criminal law dimension of the incident and other special circumstances may lead to different evaluations.

Therefore, especially in older work accidents, rather than concluding that 'the time has expired' or 'the time has not expired' based solely on general internet information, a legal review must be conducted based on the specific dates and circumstances of the case.

How Long Does a Work Accident Lawsuit Take?

There is no fixed duration for resolution applicable to all work accident lawsuits.

Duration of the lawsuit;

• the nature of the accident,
• the number of parties,
• health and disability examinations,
• the expert report on fault,
• actuarial calculations,
• on the number of witnesses,
• on the records expected from the SSI (SGK) or other institutions,
• on objections raised against expert reports,
• on the court's workload,
• on whether there are appeal or cassation processes

may vary depending on.

Therefore, it is not possible to state a definitive duration for the lawsuit without examining a specific case file.

What Should Be Considered When Choosing a Work Accident Lawyer?

Work accident cases may bring together labor law, social security law, compensation law, and in some cases, criminal law within the same incident.

Rather than advertising or outcome promises when choosing a lawyer;

• knowledge regarding the legal structure of the work accident,
• ability to understand how compensation calculations are made,
• ability to evaluate fault and expert reports,
• knowledge regarding SSI (SGK) procedures,
• being able to explain the potential legal remedies of the case,
• being able to provide the client with clear information regarding the risks and options of the process

such criteria may be taken into consideration.

No attorney can guarantee the outcome of a lawsuit in advance. In work accident disputes, the outcome depends on the specific circumstances of the case, evidence, fault determination, medical reports, expert examinations, and the court's evaluation.

Which Documents May Be Useful When Reviewing a Work Accident File?

When conducting a legal evaluation regarding a work accident, having the following documents, depending on the nature of the incident, may be beneficial:

• work accident report,
• SSI work accident notification,
• hospital epicrisis reports,
• forensic reports,
• surgical and treatment documents,
• sick leave reports,
• disability or permanent partial incapacity documents,
• payroll slips,
• bank statements,
• employment contract,
• camera footage,
• photographs,
• witness information,
• law enforcement or prosecutor's office file documents,
• occupational health and safety documents,
• other accident records prepared by the employer.

The list of documents does not have to be the same in every incident. Which evidence is required must be determined based on how the accident occurred.

Frequently Asked Questions

What does a work accident lawyer do?

A work accident lawyer provides consultancy and advocacy services in material and moral compensation claims and other legal processes by evaluating the legal nature of the accident, SSI (SGK) procedures, fault liability, and resulting damages.

Is every accident that occurs in the workplace considered a work accident?

Incidents occurring in the workplace can be evaluated within the framework of the conditions set forth in Law No. 5510. However, whether an incident is deemed a work accident must be determined by taking into account the manner in which the incident occurred and the employment relationship.

Can an incident occurring outside the workplace be considered a work accident?

Yes. Certain incidents that occur while outside the workplace due to a task assigned by the employer, or during the commute to and from work using a vehicle provided by the employer, may also be considered work accidents if the conditions stipulated by the law are met.

Within how many days must a work accident be reported to SGK?

In the event that an insured person within the scope of Article 4/a suffers a work accident, the employer is, as a rule, required to notify SGK within three business days following the accident. In events beyond the employer's control, the commencement of the period may vary.

Does an employee lose their rights if the employer fails to report the work accident?

The failure of the employer to make a notification does not, in itself, eliminate all legal rights of the employee. The determination of the incident as a work accident and other legal remedies may be further evaluated based on the specific circumstances of the case.

Can an unregistered employee file a lawsuit if they suffer a work accident?

Failure to report the insurance does not mean that there is no actual employment relationship. If the employment relationship and the conditions of the accident can be proven with evidence, the relevant social security and compensation processes can be evaluated separately.

How much compensation is received in a work accident?

There is no fixed compensation amount for work accidents. The employee's age, income, loss of working capacity, fault rates of the parties, SSI payments, and other characteristics of the accident may affect the calculation of compensation.

Can non-pecuniary damages be claimed in a work accident?

In cases such as bodily harm or death, a claim for non-pecuniary damages may arise if the conditions of the specific case are met.

Can the family claim compensation in a fatal work accident?

Provided that the conditions are met, dependents who are deprived of the support of the deceased person may claim compensation for deprivation of support. The non-pecuniary damage claims of relatives may also be evaluated according to the characteristics of the incident.

Is mediation mandatory in a work accident lawsuit?

Pecuniary and non-pecuniary compensation lawsuits arising from work accidents and occupational diseases are among the exceptions to the general mandatory mediation prerequisite. However, if there are requests of a different nature in the same file, their procedural conditions must be examined separately.

Which court has jurisdiction over a work accident lawsuit?

Pecuniary and non-pecuniary damage disputes regarding the employer's liability arising from a work accident are generally heard in labor courts. The legal nature of the specific dispute may affect the evaluation of jurisdiction and venue.

How is fault determined in a work accident lawsuit?

The manner in which the accident occurred, the occupational health and safety measures taken by the employer, the employee's conduct, and other factors are evaluated. Expert witness examinations may be conducted on technical matters.

Is a lawyer mandatory in a work accident lawsuit?

Representation by an attorney is not mandatory in every compensation lawsuit arising from a work accident. Nevertheless, since technical issues such as fault, disability, SGK procedures, and compensation calculations are involved, obtaining legal counsel is advisable.

Which documents are required in a work accident lawsuit?

Accident reports, medical records, SGK records, camera footage, witness information, wage records, and occupational health and safety documents are among the evidence that may be used depending on the specifics of the case.

Legal Consultancy Due to a Work Accident

The legal assessment to be conducted following a work accident is not limited to merely calculating the compensation amount. First, the nature of the incident as a work accident, the insured status, SGK records, the manner in which the accident occurred, the employer's obligations, the fault distribution of the parties, and the medical outcomes must be examined comprehensively.

Subsequently, based on the specific circumstances of the case, potential legal remedies regarding pecuniary damages, non-pecuniary damages, compensation for deprivation of support, social security rights, and criminal investigations, if any, are evaluated separately.

Batın Yılmaz Law Firm provides legal consultancy and advocacy services in disputes arising from work accidents, depending on the nature of the file.

Each work accident file is evaluated within the framework of its own facts and evidence. It is not possible to provide a prior guarantee regarding the outcome of the lawsuit, the amount of compensation, or the duration of the litigation.

Prepared by: Attorney Batın YILMAZ – Istanbul Bar Association Bar Registry No: 77008

Legal Notice

This page has been prepared for general legal informational purposes regarding work accidents. The explanations herein do not constitute a legal opinion, guarantee of outcome, or evaluation regarding any specific dispute or lawsuit. The legal consequences of a work accident may vary depending on the manner in which the accident occurred, the employment relationship, the fault distribution, medical outcomes, available evidence, and current legislation. To evaluate a specific incident, the relevant file and documents must be examined independently.