1) Introduction: Why this guide matters for foreign employees
Foreign employees—whether they are skilled professionals, blue-collar workers, seafarers, or site technicians—form a critical part of Turkey’s workforce. When a work accident occurs, they face two parallel challenges: (i) navigating Turkey’s social security and occupational safety framework, and (ii) overcoming language and immigration barriers that can delay or diminish rightful compensation. This guide explains—in clear, practical terms—what rights a foreign employee has, how to activate benefits quickly, how to build a strong liability case, and what to expect in negotiations and before the courts.
2) What counts as a “work accident” in Turkey?
In Turkish practice, a work accident generally includes any injury or death:
- Occurring at the workplace or due to work,
- During working hours, or while the worker is performing a job-related task outside normal hours,
- En route to or from work if the employer provides transport or if the travel is integrally linked to the job,
- During rest, meal, or short breaks within the employer’s premises,
- In off-site locations where the employee is assigned by the employer (e.g., site visits, deliveries, client meetings).
You do not need to prove that someone intended to harm you; negligence (like missing guards on a machine, lack of training, or unsafe scaffolding) is sufficient to trigger liability and benefits.
3) Who is covered?
a) Foreigners with a valid work permit
Foreign employees with duly registered insurance are generally covered by SGK (Turkey’s Social Security Institution). The employer must enroll you from day one and pay contributions.
b) Foreigners working without a permit
Even if your employment is irregular, you still have rights. Courts often do not allow employers to escape liability by relying on the worker’s irregular status. You can pursue civil compensation, and the employer may face administrative sanctions for illegal employment. Emergency medical treatment cannot be refused.
c) Posted workers (social security treaties)
If you are seconded to Turkey from a country that has a social security agreement with Turkey and carry a valid certificate of coverage, you may remain covered by your home system for a limited period. Nonetheless, civil liability of the Turkish employer/host remains a separate track.
d) Subcontractor/chain responsibility
Where an asıl işveren–alt işveren (main contractor–subcontractor) chain exists, the main employer is typically jointly liable with the subcontractor for safety obligations and compensation claims. On large construction or industrial projects, claimants commonly sue both.
4) Immediate steps after an accident (Practical Checklist)
- Get medical help immediately (112 emergency).
- Notify your supervisor and ensure an accident report is created the same day.
- Record evidence early: take photos/videos of the scene, unsafe equipment, missing PPE, defective guards; collect names and numbers of witnesses.
- Secure documents: your employment contract, payslips, training records, risk assessments, PPE delivery forms, OHS meeting minutes.
- Keep all medical records and receipts (hospital reports, imaging, prescriptions, rehab).
- Request the employer to notify SGK (legally required). If they delay, consult counsel to file your own notice or complain.
- Consult a lawyer promptly to preserve evidence, send formal notices, and plan the benefit and compensation tracks.
5) Mandatory notifications & legal deadlines
- Employer’s SGK notice: The employer must notify SGK of a work accident within a short statutory period (commonly within three days after learning of the accident, excluding force majeure).
- Police/Gendarmerie notification may be required for serious accidents; an incident scene report and later an expert report can be pivotal.
- Internal OHS records: Every serious incident should be entered into the OHS log; ask for copies via your lawyer.
- Criminal complaint can be lodged with the public prosecutor for negligent injury or death; your counsel can track the criminal file to extract expert opinions for the civil case.
Missing the employer notification does not erase your rights, but it may affect administrative penalties and sometimes delay benefits. If your employer refuses to notify, your lawyer can escalate to SGK and relevant authorities.
6) Benefits from Social Security (SGK)
If you are insured under SGK, you may access:
a) Medical treatment
Emergency and follow-up treatments (including surgery, rehabilitation, medication) are covered per SGK rules. Keep all medical documentation; it is the backbone of incapacity assessments.
b) Temporary incapacity allowance
If you are temporarily unable to work, SGK pays a daily allowance subject to eligibility. The employer may owe salary differentials if promised by contract or collective agreement.
c) Permanent incapacity income
If you suffer a permanent reduction in your capacity to work (measured as a percentage), SGK may grant monthly income. The percentage is determined by medical boards relying on standardized criteria.
d) Death benefits (for dependents)
In fatal accidents, the deceased worker’s dependents (spouse, children, sometimes parents) may receive survivor’s pensions, funeral allowances, and other SGK benefits.
Important: SGK benefits do not eliminate the right to sue the employer (and others) for additional civil compensation. Courts offset overlapping items to prevent double recovery but still award significant damages where employer fault exists.
7) Employer liability in civil law: pecuniary & non-pecuniary damages
Beyond SGK, Turkish civil law allows you to claim from the employer (and other liable parties):
- Pecuniary damages
- Loss of earnings during recovery and future loss of earning capacity (meslekte kazanma gücü kaybı)
- Medical expenses not covered by SGK (special prosthetics, private care, travel)
- Caregiver costs if you require assistance
- Equipment/home adaptation (wheelchair, ramp, special bed)
- Funeral expenses in death cases
- Loss of support claims by family members (destekten yoksun kalma)
- Non-pecuniary (moral) damages
- For the injured worker due to pain, suffering, and impairment of life activities
- For close relatives in severe injury or death cases
Employers have a heightened duty of care for occupational health and safety: risk assessments, training, PPE, machine guarding, supervision, hours management, and safe work organization. Breach of these obligations is classic fault.
8) Criminal and administrative consequences
- Criminal law: Serious injury or death can trigger charges like negligent injury or negligent homicide against responsible individuals (site managers, OHS officers, supervisors) and sometimes against company representatives.
- Administrative law: The labor authority may impose fines for safety violations and illegal employment of foreigners. These sanctions do not bar the worker’s civil claims.
9) Evidence strategy: how to prove fault and protect your claim
A successful case is evidence-driven. Focus on:
- Scene evidence: Photos/videos showing missing railings, unsafe platforms, lack of lock-out/tag-out, unguarded blades, inadequate scaffolding.
- OHS documentation: Risk assessment (RA), training attendance, toolbox talks, PPE delivery forms, machine maintenance logs.
- Witnesses: Co-workers and subcontractor staff; obtain phone numbers promptly (turnover is high).
- Official records: Police/gendarmerie incident reports, SGK accident notice, labor inspector findings.
- Medical trail: Emergency reports, CT/MRI, surgeries, physiotherapy, disability ratings.
- Criminal file: Technical expert reports often contain crucial causation analysis; your civil lawyer should request copies.
- Payroll & contract: Wage slips, overtime patterns, allowances, foreign-currency payments.
If the employer controls the workplace and documents, your lawyer can request court orders to compel production or obtain records via institutions (SGK, labor authority). Courts may appoint occupational safety experts to determine fault share (employer/employee/third party).
10) Compensation calculation principles (practice-tested)
Turkish courts apply settled methods:
- Net wage: If exact wage is disputed, courts may presume at least minimum wage or use industry benchmarks, sometimes adjusting for overtime, allowances, or foreign currency practices.
- Disability percentage: Medical boards issue a percentage that feeds into loss of earning capacity calculations.
- Mortality & discount tables: Actuarial tables (e.g., TRH-2010) are used to calculate present value of lifetime losses.
- Comparative fault: If the worker’s heavy negligence contributed (e.g., disabling machine guards, ignoring isolation, no harness at height despite training and PPE), damages may be reduced proportionally.
- Interest:
- Pecuniary damages in tort generally accrue legal interest from the date of accident or sometimes from claim filing depending on the head of damage and pleadings.
- Moral damages typically accrue from the date of judgment (unless otherwise reasoned by the court).
Because case law evolves, plead alternative formulations of interest start dates to preserve amounts under different judicial approaches.
11) Where to sue, who to sue, and which court has jurisdiction
- Court: Labour Courts (İş Mahkemesi) generally hear work-accident compensation claims.
- Venue: File where the employer is domiciled, where the workplace is located, or where the accident occurred.
- Defendants:
- Employer company,
- Main contractor and subcontractor(s) (joint liability),
- In suitable cases, site owner, equipment suppliers, or maintenance contractors whose fault contributed.
Strategically, suing all potentially liable parties improves the chance of full recovery and avoids later contribution disputes that can delay payment.
12) Mediation, settlement, and litigation roadmap
- Pre-suit mediation: For many employment-related monetary claims, mediation is mandatory before litigation. Work-accident tort claims are a special category; some courts still direct parties to mediation as a prudent first step. In practice, attempt mediation—it’s quick and can unlock partial payments for urgent needs.
- Negotiations with insurers: Employers often carry employer’s liability insurance. A targeted notice to the insurer and a well-documented loss file can lead to earlier settlements.
- Lawsuit: If settlement fails, file in the Labour Court. Expect:
- Pleadings exchange and case management,
- Expert appointments (OHS experts, actuarial experts, medical board),
- Witness hearings,
- Judgment and possible appeals (regional appellate court; then Court of Cassation).
Interim advance payments (partial collections) sometimes occur through settlement on some heads of loss while reserving rights on others.
13) Special issues for foreign workers
- Immigration status: Being a victim of a work accident should not automatically expose you to deportation. Nevertheless, irregular employment may trigger administrative fines for the employer. Seek counsel to manage residence permit timelines while you undergo treatment and litigation.
- Language: Request sworn interpreters for medical boards, witness hearings, and mediation so your statements reflect your true condition.
- Currency: If you were paid in foreign currency, plead wage and loss items accordingly; courts can convert at relevant dates.
- Rehabilitation/repatriation: If you return to your home country, your lawyer can coordinate medical re-examinations and capacity assessments through letters rogatory or recognized medical institutions.
- Cross-border social security: Where totalization treaties apply, document your insured periods and clarify which institution covers medical and cash benefits to avoid gaps.
14) Common employer defenses—and how to respond
- “Worker’s sole fault”: Rebut with RA gaps, training deficiencies, missing PPE, or unsafe work organization. Even if the worker erred, employer’s systemic safety failures typically sustain liability.
- Force majeure: Rare in workplace contexts; show how reasonable preventive measures would have avoided or mitigated the harm.
- “No employment relation”: Produce witness payroll patterns, entry logs, WhatsApp/shift messages, site ID, PPE records—Turkish courts look at realities over formalities.
- “Paid minimum wage only”: Prove higher actual pay with transfers, remittances, testimony; courts dislike sham minimum-wage slips masking real cash payments.
- “Accident outside work”: Connect the task, time, or employer-provided transport to show work nexus.
15) Insurance coverage and claims against insurers
Most mid-to-large employers carry Employer’s Liability policies. Tactics:
- Prompt notice to the insurer with a documented claim file (medical, wage, causation evidence).
- Policy defenses: Insurers may argue exclusions (e.g., willful misconduct, unreported subcontractors). Courts scrutinize exclusions strictly.
- Procedural setup: Depending on policy terms and practice, you may (i) sue employer and notify insurer to join, or (ii) where permissible, claim directly against the insurer alongside the employer. Your lawyer will tailor the pleading.
16) Statutes of limitation & interest rules
- Tort claims: Typically 2 years from the date the injured party learned of the damage and the liable person, and an absolute 10-year cap from the accident (longer if the act is a crime with a longer period).
- Contractual wage/benefit claims may have different limits.
- Interest: Plead interest start dates in the alternative for each head (accident date vs. filing date) to safeguard recovery under varying approaches.
Act fast. Early legal action mitigates the risk of missing deadlines, losing evidence, or facing uncollectible defendants.
17) Practical do’s & don’ts
Do:
- Seek urgent medical care and obtain full records.
- Photograph the scene and equipment before it changes.
- Keep a pain and work-capacity diary.
- Ask for interpreters when needed.
- Involve a lawyer early to control notifications, expert selection, and insurer strategy.
Don’t:
- Sign blank or Turkish-only statements you do not understand.
- Accept lump-sum offers without actuarial review.
- Post public details on social media that contradict your medical restrictions.
- Wait for the employer to “handle everything”; protect your own timeline.
18) Frequently Asked Questions (FAQs)
Q1: I work without a permit. Do I still have rights?
Yes. Irregular status does not erase your right to medical care and civil compensation. The employer may face fines, but your claims continue.
Q2: SGK paid me an allowance. Can I still sue?
Yes. SGK benefits are separate. The court will offset overlaps but still award additional amounts for uncovered losses and moral damages if the employer is at fault.
Q3: My employer says I was careless—will I lose everything?
Not necessarily. Even if you share some fault, the employer’s safety obligations are far-reaching. At most, the court may reduce the compensation proportionally.
Q4: Should I mediate first?
It is often practical to attempt mediation. You may secure advance payments and shorten the dispute, especially where the insurer is cooperative.
Q5: Can my family claim after a fatal accident?
Yes. Family members can claim loss of support, funeral expenses, and moral damages, besides SGK survivor benefits.
Q6: How long does a lawsuit take?
Timeframes vary with expert reports and appeals. A well-prepared file and focused issues usually shorten the path.
Q7: What if I return to my home country?
You can continue the case through a power of attorney. Your lawyer will arrange medical updates and representation without you physically attending each hearing.
Q8: Can I claim for psychological harm?
Yes. Moral damages may cover psychological suffering. Provide psychiatric reports and therapy records to substantiate the claim.
Q9: Which documents help me most?
Accident report, OHS risk assessments, training/PPE records, witness contacts, all medical files, and proof of real wage (bank transfers, remittance slips, messages).
Q10: Will I owe tax on compensation?
Generally, compensation for personal injury is not taxable, but confirm the treatment for any interest or wage components with current rules at the time of payment.
19) Takeaways (Executive summary)
- A work accident covers a broad range of job-linked injuries, on or off site.
- Foreign workers—with or without permits—retain strong rights to SGK benefits and civil compensation.
- Document everything early: scene photos, OHS paperwork, witness details, medical records.
- Expect two tracks: (i) SGK benefits and (ii) civil liability against the employer (and others).
- Compensation includes loss of earnings, incapacity, medical and care costs, loss of support, and moral damages.
- Use mediation strategically; pursue litigation in Labour Courts if settlement fails.
- Watch limitation periods and plead interest carefully.
- Insurers can be engaged early to unlock payments.
- Language and immigration issues are manageable with the right legal setup.
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