Workplace accident compensation claim; the employer is obligated to ensure the health and safety of employees working at the workplace. A work accident compensation lawsuit is a type of material and moral compensation lawsuit filed by an employee working at a workplace, seeking compensation from the responsible employer for themselves or their relatives in the event of injury or death arising from the employment relationship. A work accident is an event that occurs at the workplace or during the performance of work and results in the death or physical injury of the employee.
CIRCUMSTANCES CONSIDERED AS WORK ACCIDENTS
While the insured is at the workplace,
If the insured is working independently on their own behalf and account due to the work being carried out by the employer, due to the work they are carrying out, c) If an insured person working for an employer is sent to another place outside the workplace on duty and spends time there without performing their main job,
When an insured woman who is breastfeeding, as defined in Article 4(1)(a) of Law No. 5510, takes leave to breastfeed her child in accordance with labor legislation,
Accidents occurring during the insured person’s commute to and from work using transportation provided by the employer, which immediately or subsequently render the insured person physically or mentally disabled.
REPORTING OF WORK ACCIDENTS
Employers who employ insured persons covered by Article 4(a) and Article 5 of Law No. 5510 must report the accident to the competent law enforcement authorities and the Institution within three working days at the latest.
Insured persons covered by Article 4(b) of Law No. 5510 must report the accident to the Institution within three working days from the day their condition no longer prevents them from making the report, provided that this period does not exceed one month.
Accident and occupational disease reports shall be submitted to the Institution directly or by registered mail. The above-mentioned period shall commence from the date the accident is learned if the accident occurred beyond the employer’s control. An investigation shall be conducted by the Institution’s authorized officials or, when necessary, by the Ministry’s labor inspectors to determine whether the incident reported to the Institution constitutes a work accident. If, at the end of this investigation, it is determined that the matters reported in writing are not true and that the incident is not a work accident, the payments made by the Institution for this unjustified incident shall be collected from those who made the false report in accordance with the provisions of Article 96, starting from the date of payment.
TIME LIMIT FOR CLAIMING WORK ACCIDENT COMPENSATION
The statute of limitations is 10 years from the date of the work accident. If a criminal case has been filed due to a work accident, the persons concerned may file a compensation claim within the statute of limitations period prescribed for the relevant offense.