LABOR COURT
OF THE COURT SYSTEM
Plaintiff:
ATTORNEYS:
DEFENDANT:
SUBJECT: Subject to our reserved right to claim additional compensation due to the work accident and our right to sue, we request a decision to collect the total amount of material and moral damages in the amount of ………… TL, plus interest accruing from the relevant date, if the total amount is ../../…. TL.
EXPLANATIONS:
While our client is the plaintiff, the defendant …….. Inc. is working at the workplace on ../../…. He was injured in a past work accident and lost 9.3% of his earning capacity in his profession and became disabled.
In accordance with Article 73 of the Labor Law and other relevant provisions, the employer was found 100% at fault for this accident because they acted contrary to the provisions of the Occupational Health and Safety Regulation and the mandatory provisions of the Occupational Health and Safety Regulation and failed to take the necessary precautions at the workplace.
Due to the injured worker’s inability to work, the material loss in terms of loss of earnings and loss of labor, as well as the pain and suffering he has endured and will continue to endure throughout his life, make it necessary to claim moral damages.
OUR REQUEST FOR INDIVIDUAL MEASURES: In order to secure our rights and receivables during the trial and to ensure that they are fulfilled at the end of the trial, it has become necessary to request a precautionary measure decision for the factory land and building located at the address of the defendant employer.
REASONS: Relevant laws, statutes, and regulations
EVIDENCE: From the workplace 🙁 Workplace personnel file, monthly salary status and documents related to income by year, work accident investigation file from SSK (T.I.S.) and documents related to the employee’s insurance registration number, documents related to temporary disability allowance, disability rate and disability certificate, discovery, expert examination, witness statements, and other legal evidence.
RESULT OF THE CLAIM: For the reasons stated above, without prejudice to our other rights and claims, our request for a provisional measure dated ../../… for the amount of ………..-TL, which is the compensation for the work accident, has been accepted. We respectfully request that the defendant be ordered to pay the statutory interest, together with the statutory interest accruing from the date of the work accident, that the defendant be ordered to pay the costs of the lawsuit, and that a decision be made on our behalf in our capacity as attorneys, pursuant to the last paragraph of Article 164 of the Attorney Law No. 1136, as amended by Law No. 4667. ../../….