Moral Damages:
Moral damages can be defined as emotional and/or physical pain, such as grief, sorrow, and distress, felt by a person as a result of an attack on their personal rights. In cases where a person’s physical integrity has been violated, moral damages refer to the money paid to the injured party or, in some cases, to their relatives, taking into account the characteristics of the incident.
The following conditions must be met in order for moral damages to be paid to the relatives of a person injured or killed in a work accident:
The damage must have resulted from the act.
There must be a causal link between the damage and the act.
The act must be unlawful.
The worker must have suffered physical injury.
Moral damages are determined according to the degree of fault of the parties, their financial circumstances, and the extent of the moral damage suffered. Therefore, the amount of moral damages varies for each case.
In the event of serious bodily injury or death, it may be decided that an appropriate amount of money be paid as moral damages to the injured person or the relatives of the deceased.
Material Compensation: In material compensation cases arising from work accidents, the provisions of the Turkish Code of Obligations regarding compensation for tort are applied. Accordingly, the elements of material compensation that the employee and their relatives can claim in a work accident compensation case in the event of death or physical injury are regulated in Articles 53 and 54 of the Turkish Code of Obligations.
Damages arising in the event of death include, in particular:
Funeral expenses.
If death did not occur immediately, medical expenses and damages resulting from the reduction or loss of earning capacity.
Damages suffered by those deprived of the support of the deceased for this reason.
Physical injuries specifically include:
Medical expenses.
Loss of earnings.
Losses resulting from the reduction or loss of earning capacity.
Losses arising from the disruption of economic future.
MEDIATION IN WORK ACCIDENT COMPENSATION CLAIMS
As a rule, it is mandatory to apply to a mediator in labor disputes. However, material and moral compensation claims based on work accidents and occupational diseases, as well as claims for determination, objection, and recourse related to these claims, are not subject to mandatory mediation.
COMPETENT COURT FOR COMPENSATION CLAIMS ARISING FROM WORK ACCIDENTS
Cases arising from work accidents are filed in the Labor Court. There is more than one competent court.
In work accidents, the court with general jurisdiction is the court where the defendant, whether a natural or legal person, resides at the time the lawsuit is filed. If there is more than one defendant, the court where one of them resides also has jurisdiction.
The labor court where the work accident or damage occurred is also responsible for hearing cases for material and moral damages arising from work accidents.
The labor court where the injured worker resides or, in the event of death, the relatives of the deceased worker who are the plaintiffs, also have jurisdiction.
STATUTE OF LIMITATIONS IN COMPENSATION CLAIMS ARISING FROM WORK ACCIDENTS
Lawsuits filed by workers or their relatives for material, moral, and loss of support compensation due to a work accident are subject to a 10-year statute of limitations. The statute of limitations period begins on the date the work accident occurred.