Supreme Court 10. The Decision4641/5019 of the Law Department dated 30.5.1995 stated that ”In order for the incident to be considered an accident at work, a service contract must be available between the accident victim and the employer according to the definition in the code of Obligations”. According to the Supreme Court; “5510/6, which is not considered insured,” an accident suffered by a person cannot be considered an occupational accident.
Suicide is when a person purposefully and knowingly ends his own life and deliberately takes actions against himself, aiming at the result. The suicide of an insured employee at work is considered an occupational accident according to judicial decisions. As a matter of fact, it is clear that such incidents are considered an accident at work in the light of the decisions of the Social Security Institution and the Judiciary. Here it is not important that the employee intentionally kills himself of his own free will, in a healthier expression, he does not end his life of his own free will, it is considered an accident at work due to the fact that the incident occurred at work. Among the criteria sought to Decry suicide as an accident at work, it is also not important that suicide occurs due to work. Only suicide is mentioned here, the cause of suicide is not being investigated. The Supreme Court also clearly and steadily recognizes in its decisions that suicide at work is considered an accident at work.
Applications of the Social Insurance and General Health Insurance Law No. 5510 on Short-Term Insurance Branches in circular No. 2008/108, suicide at work is also considered an accident at work. ’Regardless of whether the incidents that occurred while the insured person was at work are related to the work performed, they should be considered an occupational accident. In this regard, the insured while walking in the courtyard of falling, the ball of the foot sprain in the relaxation time in the garden while collecting fruits from fruit trees falling, his hand cut off while eating, while relaxing in the break room from the stove poisoning in the workplace, suicide, died by drowning in the pool that is located within the boundaries of the workplace, while on sabbatical working in the workplace an accident when friends came to visit, to spend on employees with the tools in these vehicles shall be regarded as accidents, occupational accidents.’’
The liability of the employer for accidents is limited in the event of a serious defect of the injured person. If the employee’s own behavior caused the interruption of the cause-effect relationship and completely severed the connection of principle (causality), a serious defect can be mentioned. If the employee has not shown the most basic, simple and usual care expected of him during the performance of the work, this behavior of him will lead to the removal of the employer’s responsibility. Even if the employee’s defective behavior does not completely break the connection of the principle, the defect and compensation reduction may be raised together as a possibility by mentioning the common cause-effect relationship.
Therefore, the connection between the accident at work and the processing of the act and the harm is Decoupled. For this reason, since the employer cannot be held responsible for the damage caused by an accident at work, compensation for the damage cannot be requested from him.
THE RELEVANT SUPREME COURT DECISION
Supreme Court 10. Department of Law, 5.7.2004 T., 2004/4465 e., 2004/6425 K.
‘… The case is filed by the Institution’s insured F.K. it is due to an insurance incident that allegedly occurred as a result of an occupational accident that occurred by hanging himself in the employee’s dormitory allocated to his residence in the attic of the workplace, becoming depressed while working at the workplace, leaving his job near the end of the working hour. … Therefore, even if the insured person employed under the responsibility of the employer has the obligation to take the necessary measures for the safety of physical and mental health, this state is not always mandatory. Let’s note that an incident that occurs even in one of the situations and situations where there is no such interest and relationship can also be considered an accident at work. For example, if the act of suicide occurred at work, even if the incident occurred only at work, the incident is still an accident at work, in accordance with article 110 of law 506, although it is related to the work that the insured person who committed suicide saw and was not caused by the fault of the employer, as a matter of clarity, the incident is still an accident at work. However, in this case, the employer and his Decors cannot be held accountable to the Institution because there can be no causal link between the events and the business and the employer …’
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