Liability of third parties is important when establishing duty-related disability and the insurance for a deceased public servant. In other words, it concerns whether public authorities will seek compensation from third parties. In this article we examine the responsibilities of third parties in cases of duty-related disability.
Constitutional Framework for Third and Other Parties
Before discussing the liability of third parties in duty-related disability cases, it is useful to outline the constitutional basis. Our constitution explains the matter as follows:
ARTICLE 21 – When a public servant becomes disabled in the course of duty or dies as a result of the intentional act of a third party or as part of an incident, the third party is liable, in proportion to their fault, for half of the first lump-sum equivalent of the monthly allowance that the law provides from the time the monthly payment would begin, and is also obliged to pay this amount. However, if the disability, duty-related disability, war-related disability, or death of the public servant, soldier, or conscript arises from acts performed in the performance of duties assigned by public administrations, the payments or pensions provided by the institution to insured persons or beneficiaries shall not be imposed on public administrators or third parties, except where there is a final and conclusive criminal conviction relating to those acts.
Who Are the Eligible Beneficiaries, and What Must Third Parties Do to Claim Payments?
- When members of the Turkish Armed Forces or security personnel covered by duty-related or war-related disability die, payments are granted primarily to their next of kin. For those who are injured and survive, a single payment is provided; third parties cannot claim this amount. For example, if a member of the Armed Forces dies while at war, piloting an aircraft, or operating a submarine, their beneficiaries receive the payment.
- Families and dependents of other public servants who die in the line of duty, and those public servants who survive but become disabled, are entitled to payments; again, third parties do not benefit from these payments. Examples include a doctor killed while performing duties, a teacher seriously injured in class, or an accident involving a public-service vehicle owned by an institution.
- In tragic cases such as civilians affected by terrorist acts—those killed or left disabled by losing body parts—payments are granted to the victims or their close relatives; third parties cannot claim these funds. Examples include explosions in eastern regions or clashes near borders.
- Third parties and injured persons must await an investigation before payments can be made. Public administrations must compile, verify, and forward the necessary documents and a complete, approved report with photographs to the responsible institution for assessment.
Key Conditions to Establish:
- The incident occurred while the person was performing their duty.
- If the injured person held an official assignment document, the incident took place during the performance of that assignment.
Documents and Records Required for the Report:
- A formal record describing what occurred at the time of the incident must be prepared.
- An official unit report (mazbata) indicating which unit was on duty should be produced and submitted with supporting documents.
- Statements from eyewitnesses must be taken and recorded in the report.
- An initial incident report outlining the immediate situation is an important document.
- If death occurred, the death examination and autopsy reports must be provided.
- Both judicial and administrative reports relevant to the incident should be included.
- Documentation showing whether any payment was made by the responsible third party or organization should be attached.
- A sketch or diagram of the incident location and route must be included.
- In some cases, third parties who are relatives of the injured person may be entitled to a portion of the compensation. Their primary responsibility is to be informed about the rights of the injured party and to pursue those rights on their behalf.
The responsibilities of third parties in duty-related disability cases are as described above. Although the subject can be complex, its practical application is straightforward: ensure that procedures comply with the law and that responsible parties fulfill their obligations. Workplaces that operate systematically face fewer difficulties and provide a more secure environment for their employees. Ultimately, third parties often bear significant responsibility in these matters and must act accordingly.