Workplace Accident Compensation in Turkey

Introduction

Workplace accident compensation in Turkey is one of the most important legal remedies available to employees who suffer injury, disability, loss of income or psychological trauma due to an accident connected with their work. A workplace accident may occur in a factory, construction site, office, hotel, restaurant, warehouse, mine, shipyard, hospital, transportation workplace or any other working environment. It may also occur outside the physical workplace if the employee is performing work-related duties or is sent somewhere by the employer.

Under Turkish law, a worker injured in a workplace accident may claim material compensation and moral compensation from the employer and, depending on the circumstances, from subcontractors, main employers, workplace operators or other responsible parties. Material compensation covers financial losses such as medical expenses, loss of earnings, temporary incapacity, permanent disability and loss of future earning capacity. Moral compensation covers pain, suffering, emotional distress, trauma, loss of life quality and violation of bodily integrity.

Workplace accident compensation in Turkey is closely connected to labour law, social security law, occupational health and safety law, tort law and procedural law. Therefore, a successful claim requires more than simply proving that an accident occurred. The injured worker must establish that the accident is legally considered a workplace accident, that the employer or another responsible party was at fault, that damage occurred, and that there is a causal link between the accident and the damage.

The legal framework is mainly based on Law No. 5510 on Social Insurance and General Health Insurance, Law No. 6331 on Occupational Health and Safety, the Turkish Code of Obligations and the Labour Courts Law. Law No. 5510 defines the situations that may legally qualify as a workplace accident, while Law No. 6331 imposes comprehensive occupational health and safety obligations on employers.

What Is a Workplace Accident in Turkey?

A workplace accident is not limited to an accident that happens inside the employer’s building. Under Article 13 of Law No. 5510, an accident may be considered a workplace accident if it occurs while the insured person is at the workplace, due to the work carried out by the employer, while the employee is sent to another place by the employer, during breastfeeding leave periods for female employees within the scope of the law, or while the employee is transported to and from the workplace by a vehicle provided by the employer.

This broad definition is important. For example, a construction worker falling from scaffolding, a factory worker injured by machinery, a delivery worker injured during delivery, a hotel employee injured while performing assigned duties, or an employee injured in a service vehicle accident may all have a workplace accident claim.

The key issue is whether the accident has a sufficient connection with work. If the accident happened during working hours, at the workplace, while performing work-related duties or because of the employer’s organization, it may fall within the legal definition of a workplace accident.

Employer Liability in Workplace Accidents

Employer liability is central to workplace accident compensation in Turkey. Employers are under a legal duty to protect employees’ health and safety. Article 4 of Law No. 6331 provides that the employer is obliged to ensure employees’ health and safety in relation to work. This includes preventing occupational risks, providing training and information, taking all necessary measures, organizing safety systems, providing required tools and equipment, monitoring compliance with safety measures, correcting deficiencies, conducting risk assessment and considering the employee’s suitability for the assigned task.

This means that an employer cannot simply argue that the accident happened unexpectedly. The employer must demonstrate that necessary precautions were taken. In workplace accident litigation, courts usually examine whether the employer provided occupational safety training, personal protective equipment, supervision, risk assessment, safe machinery, safe workplace organization and proper instructions.

If the employer failed to take necessary precautions, failed to supervise the workplace, ignored safety rules, assigned the employee to dangerous work without training, failed to provide protective equipment or tolerated unsafe practices, employer fault may be established.

Main Employer and Subcontractor Liability

Workplace accidents frequently occur in subcontracting systems, especially in construction, manufacturing, logistics, cleaning, security, shipyards and industrial projects. In such cases, the injured worker may be formally employed by a subcontractor, while the main work is carried out under the control or benefit of the principal employer.

Turkish law recognizes that liability may extend beyond the direct employer in certain circumstances. In subcontracting relationships, the main employer may be held jointly responsible with the subcontractor for obligations arising from the employment relationship if legal conditions are met. In workplace accident cases, the court usually examines who controlled the work, who supervised the workplace, who created the risk, who benefited from the work and who failed to take safety measures.

For this reason, identifying all responsible parties is strategically important. If the claim is filed only against a financially weak subcontractor, collection may become difficult even if the case is won. A strong workplace accident compensation claim should examine the role of the direct employer, main employer, subcontractor, site manager, contractor and other responsible parties.

What Can an Injured Worker Claim?

A worker injured in a workplace accident in Turkey may claim several types of compensation depending on the severity of the injury and the consequences of the accident.

The main claims include medical expenses, treatment costs, temporary incapacity compensation, permanent disability compensation, loss of earning capacity, loss of future economic prospects, moral compensation and, in fatal accidents, funeral expenses, loss of support compensation and moral damages for close relatives.

In addition to civil compensation claims, the worker may also receive certain payments or income from the Social Security Institution. Under Article 16 of Law No. 5510, rights provided under work accident and occupational disease insurance include temporary incapacity allowance, permanent incapacity income, income for beneficiaries in case of death, marriage allowance for daughters receiving income and funeral allowance.

However, Social Security Institution payments do not always eliminate the employer’s civil liability. If the employer is at fault and the worker’s loss exceeds social security payments, the worker may still file a compensation lawsuit against the responsible parties.

Material Compensation After a Workplace Accident

Material compensation covers the injured worker’s financial losses. The purpose is to compensate the economic damage caused by the workplace accident.

Material compensation may include hospital expenses, surgery costs, medication, physical therapy, rehabilitation, prosthetic devices, nursing care, transportation for treatment, loss of salary, loss of bonus or overtime, temporary incapacity, permanent disability and reduced future earning capacity.

In many workplace accident cases, the most important compensation item is loss of working capacity. If the worker suffers permanent disability, the compensation amount may be calculated based on age, income, disability rate, remaining working life and actuarial principles. A young worker who suffers permanent injury may have a high-value claim because the accident may affect decades of future working life.

If the worker was earning more than the salary officially reported to SGK, this issue must be carefully proven. Witness statements, bank records, workplace documents, sectoral wage research and comparable worker income may become important. In practice, underreported wages can significantly affect compensation calculation unless the real wage is properly proven.

Temporary Incapacity Compensation

Temporary incapacity refers to the period during which the worker cannot work because of the workplace accident. During this period, the worker may lose income. If the worker receives temporary incapacity allowance from SGK, this payment may be taken into account in the calculation, but it may not fully cover the worker’s actual loss.

Temporary incapacity is usually supported by medical reports and rest reports issued by authorized physicians or health institutions. Article 18 of Law No. 5510 regulates temporary incapacity allowance and refers to the requirement of reports issued by authorized physicians or medical boards for incapacity-related payments.

In civil compensation litigation, the court may examine the period of temporary incapacity, the worker’s actual income and the difference between actual loss and payments received.

Permanent Disability Compensation

Permanent disability compensation is claimed when the workplace accident causes lasting reduction in the worker’s earning capacity. This may arise from loss of limb, spinal injury, serious fractures, neurological damage, burns, loss of eyesight, hearing loss, occupational trauma, permanent movement restriction or other lasting impairment.

Under Article 19 of Law No. 5510, an insured person whose earning capacity in the profession is reduced by at least 10% due to illness or disability caused by a workplace accident or occupational disease may be entitled to permanent incapacity income, subject to determination by the authorized health boards and SGK Health Board.

For a civil compensation lawsuit, permanent disability is usually evaluated through medical board reports and expert calculations. The disability rate, age, income and remaining working life are decisive. The court may also consider whether the worker can continue the same job, whether the injury affects promotion opportunities, and whether the worker’s economic future has been impaired.

Moral Compensation in Workplace Accident Cases

Moral compensation is awarded for non-economic harm. A workplace accident may cause pain, suffering, fear, psychological trauma, loss of bodily integrity, loss of life quality, permanent scars, disability or emotional distress. These harms cannot be calculated with invoices, but Turkish law allows the judge to award a fair monetary amount.

The amount of moral compensation depends on the severity of the accident, degree of employer fault, permanence of injury, age of the worker, impact on daily life, duration of treatment, psychological consequences and the principle of fairness.

For example, a worker who becomes permanently disabled after falling from a height may claim significant moral compensation. Similarly, a worker who suffers burns, amputation, facial scarring or severe trauma may claim moral damages in addition to material compensation.

Moral compensation is not intended to enrich the worker. It is intended to provide a form of legal satisfaction for the pain and suffering caused by the workplace accident.

Fatal Workplace Accidents and Loss of Support Compensation

If a worker dies due to a workplace accident, the legal claim belongs to the worker’s dependants and close relatives. The family may claim funeral expenses, loss of support compensation and moral damages.

Loss of support compensation is one of the most important claims in fatal workplace accident cases. It is based on the financial support that the deceased worker would have provided to spouse, children, parents or other dependants if the accident had not occurred.

The calculation considers the deceased worker’s age, income, expected working life, family structure, support shares and life expectancy. If the deceased worker was young and had dependants, the compensation amount may be substantial.

Article 20 of Law No. 5510 regulates income to beneficiaries in cases where the insured person dies due to a workplace accident or occupational disease. However, civil compensation claims against the employer may still be pursued where the legal conditions are met.

Occupational Disease and Workplace Accident Compensation

Workplace accident compensation should be distinguished from occupational disease compensation. A workplace accident usually occurs suddenly, while an occupational disease develops over time due to the nature or conditions of the work. For example, hearing loss due to long-term noise exposure, lung disease due to dust, chemical poisoning, repetitive strain injuries or psychological harm caused by working conditions may raise occupational disease issues.

Article 14 of Law No. 5510 defines occupational disease as temporary or permanent illness, physical or mental disability suffered by the insured person due to repeated causes arising from the nature of the work or working conditions. The determination of occupational disease generally requires medical board reports and SGK assessment.

Although workplace accidents and occupational diseases are different concepts, both may lead to material and moral compensation claims if employer fault and legal responsibility are established.

Notification of Workplace Accident to SGK

After a workplace accident, the employer has notification obligations. Under Article 13 of Law No. 5510, for insured employees within the relevant scope, the employer must notify the competent law enforcement authority immediately and notify SGK within three working days after the accident. If the accident occurs outside the employer’s control, the three-working-day period starts from the date the employer learns of the accident.

Failure to notify the accident may create administrative and legal consequences. However, failure by the employer to notify SGK does not necessarily remove the worker’s rights. The worker may still apply to SGK and may also use other evidence to prove that the accident occurred.

In practice, if the employer refuses to report the accident, the worker should collect medical records, witness information, photographs, messages, workplace records and any documents showing the work connection.

Evidence Required for Workplace Accident Compensation

Evidence is decisive in workplace accident compensation claims. The injured worker must prove the accident, work connection, injury, employer fault, damage and causal link.

Important evidence may include accident reports, SGK work accident notification, workplace incident records, hospital records, forensic medical reports, rest reports, disability reports, photographs, camera footage, witness statements, occupational safety training documents, risk assessment reports, personal protective equipment delivery forms, inspection reports, payroll records, employment contracts, bank records and correspondence.

In construction accidents, evidence may include site photographs, scaffolding records, safety harness documents, subcontractor contracts and site inspection reports. In factory accidents, machine maintenance records, safety instructions, training documents and equipment logs may be decisive. In service vehicle accidents, vehicle records, driver information, route documents and employer-provided transport evidence may be important.

The sooner evidence is collected, the stronger the case becomes. Camera recordings may be deleted, witnesses may leave the workplace, equipment may be repaired and accident scenes may change.

Burden of Proof and Expert Reports

Workplace accident cases usually require expert reports. Courts may appoint occupational safety experts, medical experts and actuarial experts. The occupational safety expert evaluates fault distribution. Medical experts determine disability and incapacity. Actuarial experts calculate financial loss.

The employer may argue that the worker acted carelessly or violated safety instructions. The worker may argue that the employer failed to provide training, supervision, protective equipment or safe working conditions. Expert reports help the court determine which party is at fault and to what extent.

A worker’s own fault may reduce compensation, but it does not automatically eliminate employer liability. Turkish courts generally examine whether the employer took every reasonable measure to prevent the accident. Even where the worker made a mistake, the employer may still be liable if the workplace safety system was insufficient.

Is Mandatory Mediation Required?

A very important procedural issue is mediation. In Turkish labour disputes, many employee receivable and compensation claims require mandatory mediation before filing a lawsuit. However, workplace accident compensation has a special rule.

Article 3 of Law No. 7036 states that mediation is a lawsuit condition for claims based on employee or employer receivables and compensation arising from law, individual employment contracts or collective agreements. However, the same article expressly states that this rule does not apply to material and moral compensation claims arising from workplace accidents or occupational diseases, nor to related determination, objection and recourse actions.

Therefore, a worker filing a material or moral compensation lawsuit based directly on a workplace accident generally does not need to complete mandatory mediation first. However, if the worker also claims unpaid wages, severance pay, overtime or other employment receivables, those claims may require mediation. Legal strategy should separate these claims carefully.

Which Court Has Jurisdiction?

Workplace accident compensation lawsuits are generally filed before labour courts. Article 5 of Law No. 7036 provides that labour courts hear disputes arising from employment relationships between workers and employers, as well as certain social security disputes involving SGK and İŞKUR. Article 6 also provides special jurisdiction rules for workplace accident compensation claims, including the place where the accident or damage occurred and the residence of the injured worker.

This is important for injured workers because it may allow filing the case in a more convenient court. For example, the worker may be able to sue where the accident occurred, where the damage occurred, where the defendant is located, or where the injured worker resides, depending on the legal conditions.

Limitation Periods in Workplace Accident Compensation

Limitation periods must be assessed carefully. Workplace accident compensation claims often involve tort liability and employment-related liability. The applicable limitation period may depend on the legal basis, date of accident, date of damage, degree of injury, criminal investigation and whether the case involves death or permanent disability.

In practice, it is risky to delay legal action. Medical evidence may become harder to obtain, witnesses may disappear, workplace records may be altered or lost, and the defendant may become financially weaker. Therefore, legal assessment should be made as soon as possible after the accident.

In serious injury or fatal accident cases, a criminal investigation may also be opened. Criminal proceedings may affect fault assessment and evidence collection. However, the civil compensation lawsuit is a separate process and should not be ignored merely because a criminal investigation exists.

Workplace Accident Claims by Foreign Workers in Turkey

Foreign workers in Turkey may also claim workplace accident compensation if they suffer injury while working. This may include workers with work permits, undocumented workers, seasonal workers, construction workers, domestic workers, service sector employees and foreign professionals.

The absence of a formal written contract does not necessarily prevent a claim. What matters is whether an employment relationship and work connection can be proven. Witness statements, workplace messages, payment records, photographs, job instructions, uniforms, workplace entry records and other evidence may help establish the employment relationship.

Foreign workers may face additional challenges such as language barriers, lack of documents, fear of losing employment, immigration concerns or pressure from the employer. For this reason, early legal support is particularly important.

Common Mistakes After a Workplace Accident

Common mistakes include failing to obtain medical reports, leaving the workplace without documenting the accident, trusting the employer’s verbal promises, signing settlement documents without legal review, not reporting the accident, not collecting witness information, not preserving photographs or videos, accepting low payment, failing to prove real wages and waiting too long before taking legal action.

Another serious mistake is assuming that SGK payments are the only available remedy. SGK benefits are important, but they may not fully cover the worker’s material and moral losses. Where employer fault exists, a separate compensation lawsuit may provide additional recovery.

Why Legal Representation Is Important

Workplace accident compensation in Turkey is a technical area requiring knowledge of labour law, occupational safety law, social security law, compensation calculation and procedural strategy. A lawyer can identify responsible parties, collect evidence, request SGK records, obtain medical reports, file the lawsuit, object to expert reports, calculate compensation and manage enforcement after judgment.

Legal representation is especially important in permanent disability, death, construction accidents, subcontractor disputes, underreported wage cases, foreign worker claims and cases involving employer pressure.

A strong workplace accident claim should not merely state that an accident occurred. It should explain how the employer failed to fulfil safety obligations, which legal duties were breached, how the accident caused injury, what financial losses arose and why moral compensation is justified.

Conclusion

Workplace accident compensation in Turkey protects employees who suffer injury, disability, loss of income or emotional harm due to work-related accidents. The injured worker may claim material compensation for financial losses and moral compensation for pain and suffering. In fatal accidents, dependants and close relatives may claim loss of support compensation and moral damages.

The success of a workplace accident compensation claim depends on proving the accident, work connection, employer fault, damage and causal link. Evidence, SGK records, medical reports, occupational safety documents, witness statements and expert reports are decisive.

Employers in Turkey have broad obligations to provide a safe working environment, prevent occupational risks, train employees, conduct risk assessment, supervise compliance and provide necessary equipment. When these obligations are breached and a worker is injured, compensation liability may arise.

For Turkish and foreign workers alike, acting quickly after a workplace accident is essential. A properly prepared workplace accident compensation claim can help the injured worker recover financial losses, obtain moral damages and protect legal rights under Turkish law.