What Constitutes a Workplace Accident?
According to Article 13 of the Social Insurance and General Health Insurance Law No. 5510, a workplace accident is an event that occurs while the insured person is at the workplace, due to work conducted by the employer, while sent elsewhere on duty, during breastfeeding breaks, or during commuting with employer-provided transportation, and which causes physical or mental disability.
Employer's Fault-Based Liability
If the employer is at fault in the occurrence of a workplace accident, they are obligated to pay compensation. Fault may arise from failure to take occupational safety measures, inadequate employee training, or failure to provide necessary protective equipment.
The following factors are evaluated when determining the employer's degree of fault:
• Whether occupational safety specialist appointment obligations were fulfilled
• Whether risk assessments were conducted
• Whether occupational health and safety training was provided to employees
• Whether personal protective equipment was supplied
• Whether necessary safety measures were implemented at the workplace
Strict Liability
Under the Occupational Health and Safety Law No. 6331, the employer is obligated to take all necessary measures to ensure occupational health and safety in the workplace and to maintain tools and equipment without deficiency. In this context, the employer's liability constitutes risk-based liability and does not require proof of fault.
Employee Compensation Rights
Workers who suffer workplace accidents or their relatives may claim the following compensation items:
Material Compensation: Coverage of material damages including treatment expenses, loss of working capacity, income loss, and caregiver costs. The degree of incapacity is determined through actuarial calculations.
Moral Compensation: Claimed for physical and psychological suffering caused by the workplace accident. The court determines the amount of moral compensation by evaluating the severity of the incident and the circumstances of the parties.
Loss of Support Compensation: Claimed by relatives of workers who die as a result of workplace accidents to compensate for the lost material support.
Accident Reporting Obligations
The employer is obligated to report workplace accidents to the Social Security Institution within 3 business days. Administrative fines are imposed for failure to fulfill this reporting obligation.
Statute of Limitations
The statute of limitations for compensation claims arising from workplace accidents is 2 years from the date the damage and the liable party are discovered, and 10 years from the date of the accident in all cases. If the criminal statute of limitations is longer, that period applies.
Preventive Measures for Employers
Employers should take the following steps to prevent workplace accidents:
• Appoint occupational safety specialists and workplace physicians
• Conduct regular risk assessments
• Provide periodic occupational health and safety training
• Supply personal protective equipment and supervise its use
• Prepare emergency plans and conduct drills
• Record and analyze workplace accidents
Conclusion
Employer liability in workplace accidents is a comprehensive legal matter evaluated under both fault-based and strict liability principles. It is crucial for workers to be aware of their compensation rights and for employers to fully fulfill their occupational safety obligations. Seeking professional legal consultation in the event of a workplace accident is a critical step in protecting rights.