Workplace accidents are among the disputes most frequently encountered in practice and leading to the most severe legal conflicts in terms of their consequences. Workplace accidents, which result in consequences such as damage to the worker's bodily integrity, a reduction in working capacity, or the loss of life, produce multi-faceted consequences not only in terms of social security law, but also in terms of private law and criminal law.
Therefore, compensation lawsuits filed due to work accidents are not merely “damage calculation” lawsuits; they require the meticulous examination of fault, the causal link, work organisation, occupational health and safety measures, and the relationships between the principal employer and sub-contractors.
The Concept of Work Accident and its Legal Basis
Social Insurance and General Health Insurance Law No 5510’Article 13 defines work accidents within a broad framework. Accordingly, a work accident is not limited only to accidents occurring at the workplace. The worker's;
- Due to the work carried out by the employer,
- While at work,
- During the periods spent outside the workplace on official duty,
- During the commute to and from work in a vehicle provided by the employer,
- During times arising from labour legislation, such as nursing leave
the accidents he/she suffers are also considered work accidents.
This broad definition makes it possible for many incidents to be considered within the scope of an “occupational accident” in practice, thereby also expanding the scope of employers' liability.
Lawsuits That Can Be Filed After a Work Accident
Following a work-related accident, generally more than one legal procedure is carried out simultaneously or consecutively.
First of all reporting of a work accident to the SSI and it must be recognised as a work-related accident by the SSI. The SSI's recognition constitutes a strong legal basis for compensation lawsuits to be filed in the future. However, if the SSI does not recognise the accident as a work-related accident, it is possible to file a “lawsuit for the determination of a work-related accident”.
Apart from this, by the workers or beneficiaries;
- Claim for material and/or moral compensation
- Compensation claim for deprivation of support in the event of death
It can be filed. If it is a criminal investigation or criminal case, it is independent of these cases; however, it has a significant impact on the assessments of fault and causation.
Scope of Pecuniary Compensation
The financial compensation that can be claimed due to a work-related accident aims to compensate for the economic losses suffered by the employee. In this context;
- the loss of income suffered during the period of temporary incapacity,
- loss due to reduction in working capacity in cases of permanent incapacity,
- Treatment, care and recovery expenses,
- Damages of those deprived of support in the event of death
is calculated.
In the application, these calculations are performed by actuarial experts, and the compensation amount is determined by taking into account the degree of fault and the pensions granted by the SSI.
The Purpose and Determination of Non-Pecuniary Damages
Moral compensation aims to alleviate to some extent the pain, sorrow, and suffering experienced by the employee or their relatives due to a work accident. This compensation is not a means of enrichment; it is in the nature of a means of satisfaction.
When determining the amount of non-pecuniary damages in the Court of Cassation practice:;
- The weight of the boiler,
- The age of the worker,
- Fault percentage,
- The permanence of the damage caused,
- Economic and social status of the parties
such criteria are evaluated together.
Principal Employer – Subcontractor (Sub-employer) Relationship and Liability
One of the most critical and heavily disputed areas of work-related accident lawsuits is the relationship between the principal employer and the sub-employer.
Labour Law No 4857 In accordance with the warning, the primary employer is jointly and severally liable to the subcontractor's employees. This liability is not limited only to wage receivables, but also covers material and moral compensation arising from a work accident.
In the established case law of the Court of Cassation, in occupational accidents suffered by a subcontractor's employee, the principal employer's liability is accepted by taking into account its authority to supervise the work organisation, its obligation to take occupational health and safety measures, and the actual working conditions.
The employee may file a compensation lawsuit;
- Only to the sub-contractor,
- To the principal employer only,
- Or both together
may file a counter-claim. A right of recourse may arise between the parties in respect of the compensation paid.
Collusion and Determination of the Real Employer
It is determined in some cases that the subcontracting relationship is actually fictitious, and that the employee practically works under the orders and instructions of the main employer. In such cases, the Court of Cassation considers the employee to be directly an employee of the main employer and imposes all liability on the main employer.
This finding is of great importance, particularly in large construction sites, factory organisations and multi-layered subcontractor relationships.
Fault, Causation and Employer’s Obligations
The core issue in work-related accident compensation lawsuits is whether the employer is at fault in the occurrence of the accident. The employer's:;
- Failure to take occupational health and safety measures,
- Failure to fulfil training and supervision obligations,
- Failure to carry out a risk assessment
It is considered a defect.
However, it is essential to establish a causal link between the fault and the damage. Force majeure or the employee's gross negligence may completely or partially eliminate the employer's liability.
Limitation period
As a rule, claims for pecuniary and non-pecuniary damages arising from a work accident to the 10-year limitation period It is subject to change. However, if a criminal case has been filed due to the same incident, the statute of limitations for criminal proceedings may also apply to the compensation lawsuit. This is a detail that is frequently overlooked in practice, yet is extremely critical.
Frequently Asked Questions (FAQ)
Is it mandatory for the SSI to accept it to file a work accident compensation lawsuit?
No. Even if the SSI does not accept it, a lawsuit to establish a work accident can be filed.
I am a subcontracted worker; can I take legal action against the principal employer?
Yes. The principal employer is jointly and severally liable.
Does the worker’s fault in an accident at work completely rule out compensation?
No. The worker's fault is a ground for a reduction in compensation.
Should the outcome of the criminal case be awaited?
It must be assessed on a case-by-case basis; in some circumstances, making it a preliminary issue may be strategic.
Is there an upper limit on compensation for pain and suffering in the event of an accident at work?
No; however, the Court of Cassation bases its decisions on the principle of proportionality.
Result
Workplace accident compensation lawsuits are not limited to technical calculations; they require serious legal knowledge, a command of judicial precedents, and a strategic approach. In particular, primary employer-subcontractor relationships, fault determination, and SSI practices directly affect the outcome of the case.
As Azel Law and Consultancy, employment and social security law We handle the process in all its aspects to prevent the loss of financial and non-financial rights arising from work accidents within this scope and to claim these rights effectively. We provide strong and transparent legal support to our employee and employer clients.
