Definition of an occupational accident 13 of the Social Insurance and General Health Insurance Law No. 5510. in the article, under the heading ”Definition, reporting and investigation of an occupational accident”, the definition of an occupational accident has been made with the following provisions. According to this;
Work accident;
a) At the time when the insured person is at work,
b) (Amended: 17/4/2008-5754/8 art.) Due to the work being carried out by the employer, if the insured works independently on his own behalf and on his account, due to the work he is carrying out,
c) Due to the fact that the insured employee, depending on the employer, is sent to another place other than the workplace as an employee, he has spent time without doing his main job,
d) (Amended: 17/4/2008-5754/8 art.) At the times allotted to the nursing woman insured under subparagraph (a) of the first paragraph of Article 4 of this Law to give milk to her child in accordance with the labor legislation,
e) It is an event that occurs during the departure of the insured to the place of work with a vehicle provided by the employer, which immediately or later makes the insured person physically or mentally disabled
13 of the law No. 5510 on the place and time of an occupational accident. It must occur in one of the aspects specified in the article
A-) In order for an accident to be considered an occupational accident, the insured person must be involved in an accident while at work.
13/a of the law No. 5510. according to the article, the fact that the insured becomes physically or mentally disabled “while he is at work” is considered an occupational accident. The workplace is subject to Article 11 of the aforementioned Law. in the article the amount, respectively, with their material and immaterial elements to do their work places “commercial” is defined as a manufactured goods or service in terms of quality and commitment in the workplace included, organised under the same management and organisation places for recreation, child breastfeeding, eating, sleeping, washing, inspection and maintenance, physical or vocational training places, from workplace to workplace tools such as the bureau with other plugins and the courtyard is considered.
According to this situation, the insured person while at work, for example as a result of a fall while running in the yard, bodily injury or injury as a result of a fight in the cafeteria or rest in a place of, or be shot with a gun by any person in the workplace “suicide” or a workplace located within the boundaries of the pool are considered as cases of death due to drowning accidents in places like work. [Supreme Court 21.HD., dated 1.7.2004, decision No. 6433/6503]
A large part of the accidents that may occur with this regulation in the law have been recognized as occupational accidents, so the insured has been provided with extensive protection. For whatever reason, any accident suffered by the insured person while he is at work, as well as other elements together, will be considered an occupational accident. In other words, an incident that occurs from the moment an employee steps foot on the workplace or its attachments to the moment they leave the workplace, whether it is operational or not, under the authority of the employer or not, is an occupational accident. As an example, in a decision of the Supreme Court; for this reason, the place where the injured insured is washed by entering the “creek” necessarily located at the workplace is considered a workplace addition and the incident that occurred in the creek is considered a workplace accident. (The Supreme Court is HGK. decision No. 444, 2005/449 of 6.07.2005 and 2005/10)
It is also not necessary that the accident suffered by the employee necessarily occurs during working hours. It is sufficient from the point of view of an occupational accident that there is a connection of Decency between an incident that occurred at work and damage; there is no need to look for another element for this. Because an accident must be the result of work. As an example, in a decision of the Supreme Court of Cassation: “… in the face of the fact that the incident that resulted in death occurred during the insured’s stay at work and also due to work being carried out by the employer, while the brake balance adjustment service was working at the workplace, the vehicle on which it was adjusting the brake fell on the jack slipped; this death incident at work was clearly an accident at work in accordance with article 11/A-a, b of Law No. 506”. In another decision of the Supreme Court, “the Law No. 506 11/A-A,B, by the provision of the insured and the employer is doing the job of working hard in the workplace since the acceptance of death occurred as a result of an accident at work, instead of crash while drunk and in the workplace are deciding whether or not a business event, take into consideration that is not right.”as it is called, it considers all kinds of events that occur at work as an accident at work. (Supreme Court 9. HD., resolution No. 1991-12579/1992-3624 dated 23.3.1992).
B-) In order for an accident to be considered an occupational accident, the insured person must have an accident due to the work being carried out at the workplace.
The insured person who provides services such as the employer’s deputy at work, the duty manager, and also follows the external affairs of the employer, their work at the courthouse, one day went to a busy traffic center with the employer in the same vehicle. Here, again, together with the employer, he died as a result of a vehicle hitting the insured person while crossing from one side of the street to the other. The heirs sued the employer and demanded that the incident be determined to be an occupational accident. The defendant’s employer, in his defense, claimed that the insured person got into the vehicle to come to the business center with him on the day of the incident, his main goal was to get a loan for his daughter’s wedding, and there was no attendant. Considering that the bank to which the insured plans to take a loan is located elsewhere, he is not on leave on the day of the incident, and an employee who is in the position of an employer’s deputy cannot be taken to an employment center for no reason, and also that the insured is on duty on the day of the incident, considering that the employer takes care of all kinds of internal and external affairs, and 5510/13.in accordance with article b, it is considered an occupational accident. [Supreme Court 10.HD., decision No. 7796/8681 dated 23.10.1995]
C-) In the event that the accident occurred during the arrival and departure of an employer-provided vehicle to the place of work, the accident is also an occupational accident.
Business service workers by an employer that is provided with the tool for the dress rehearsal of the vehicle while being taken by terrorists from Urfa Silvan scanning with the gun inside of the stop work as the right thing to be killed as a result of the number of accidents, however, on the one hand, the result of gross negligence of third parties in the event of an accident the disconnection of the causal link between business vision and, on the other hand, in terms of general road safety can not be expected from the employer the employer has been held responsible. [Supreme Court 9. HD., decision No. 4294/7382 of 4.7.1985]
D-) It is also an occupational accident if the insured Woman who is breastfeeding is in an accident during the time allotted to give milk to her child.
By the Supreme Court, the death of an insured person as a result of being hit by a vehicle while crossing the road to come to work during the breastfeeding leave period was considered an occupational accident.
E-) Due to the fact that the insured person is sent to another place other than the workplace as an employee, it is considered an accident at work that he was in an accident last time without doing his main job.
The Supreme Court [Supreme Court 10. HD. according to the decision [dated 13.10.1987 and numbered 5024/5139], when the employer sends the insured person to another place on duty, the employee is killed by a bomb explosion while sitting and talking with friends in the park on the way “… since there is no doubt that the incident occurred during the time period when the insured person was sent to another place on duty, it is a legal obligation to consider the accident a work accident”, he considered it a work accident.
You can read our articles and petition examples by clicking here.