Accidents that happen in working life are not just events that cause physical harm. Workplace accidents (iş kazası) can have significant legal consequences that affect the employee’s physical integrity, ability to work, financial future and their family’s living conditions.

In disputes arising from a workplace accident, how the accident happened, whether the employer took the necessary safety measures, the fault of the parties and the extent of the damage are assessed together.

Workplace accident law covers many different legal processes aimed at compensating the losses suffered by employees, determining employers’ occupational health and safety obligations and establishing the legal responsibilities of the parties.

What Is a Workplace Accident?

A workplace accident is an event that occurs while the employee is within the scope of the employment relationship and that causes physical or mental harm. However, for an event to be considered a workplace accident in law, it may not be enough that it happened at the workplace.

The legal assessment is made by examining together the place and time of the accident, its connection with the work and the way it happened.

The Employer’s Liability in Workplace Accidents

One of the employer’s basic obligations is to take the necessary measures to protect employees’ health and safety. Under occupational health and safety rules, identifying risks, applying the necessary measures, informing employees and carrying out supervision fall within the employer’s area of responsibility.

When assessing the employer’s liability after a workplace accident, not only the result of the accident is examined, but also whether the employer took the necessary safety measures beforehand and fulfilled its training and supervision obligations.

Investigation of Fault in Workplace Accidents

One of the most important issues in compensation proceedings arising from workplace accidents is determining the degree of fault (kusur oranı). The role of the employer, the employee or third parties in causing the accident is assessed in detail.

In the fault examination, the working conditions at the workplace, the safety measures taken, the employee’s training, the equipment used and the way the accident happened are taken into account.

The Employee’s Rights After a Workplace Accident

An employee who has had a workplace accident may have different legal rights depending on its consequences. The severity of the injury, the loss of working capacity and the financial damage that has occurred affect the scope of the claims that can be made.

After a workplace accident, various claims may arise in respect of the employee’s medical expenses, loss of working capacity, loss of income and non-material damage.

Material Damages for a Workplace Accident

If the employee suffers financial loss as a result of a workplace accident, a claim for material damages (maddi tazminat) may arise. In calculating material damage, the employee’s age, income, loss of working capacity, degree of fault and other economic factors are taken into account.

Particularly in cases of permanent incapacity, the reduction in the employee’s future working capacity and the loss of income play an important part in assessing compensation.

Non-Material Damages for a Workplace Accident

A workplace accident can harm not only the employee’s finances but also their personal values. A claim for non-material damages (manevi tazminat) may arise because of the pain, fear, physical harm and psychological effects experienced.

In cases of serious bodily harm or death, the employee’s relatives may also claim non-material damages under certain conditions.

The Family’s Rights in Fatal Workplace Accidents

When a workplace accident results in death, the legal consequences matter not only for the employee who lost their life but also for the family members left behind.

Where the conditions are met, the relatives of the deceased employee can use various legal remedies to have their material and non-material damage compensated. It is also possible to benefit from certain rights under social security legislation.

SGK Notification and Determination of a Workplace Accident

In workplace accidents, the assessment of the event by the Social Security Institution (SGK) is an important stage. Recognition of the accident as a workplace accident can be important for the subsequent legal processes.

The SGK examination can provide important information for determining the nature of the event and for fault assessments.

The Importance of Evidence in Workplace Accident Cases

In legal proceedings arising from a workplace accident, it must be shown how the accident happened. Accident reports, SGK records, workplace documents, medical reports, reports of court-appointed experts (bilirkişi) and witness statements may be among the important evidence.

Collecting the right evidence is important for the proper progress of the process, particularly for determining the degree of fault and the damage.

Criminal Liability for Workplace Accidents

Some workplace accidents give rise not only to liability for compensation but may also be assessed in terms of criminal liability.

If the employer or the persons responsible fail to take the necessary safety measures and this causes the accident, an investigation may also be carried out under criminal law.

Preventing Workplace Accidents: The Employer’s Perspective

To avoid facing legal consequences after workplace accidents occur, employers need to give importance to preventive measures.

Carrying out risk assessments, training employees, applying occupational safety rules and conducting regular inspections are the basic elements of making the working environment safe.

Assessing the Legal Process After a Workplace Accident

Workplace accidents are complex legal processes, each with its own characteristics. Even in two different events with the same result, the fault, the amount of damage and the responsibilities of the parties may be assessed differently.

For this reason, after a workplace accident it is very important to examine the event in all its aspects, to determine the rights correctly and to make the necessary legal applications in time.