Work accident refers to incidents that occur to employees during the performance of their duties at the workplace, using tools or equipment provided by the employer, or arising from work-related reasons, resulting in physical or psychological harm to the employee. In other words, a work accident directly affects the worker and has serious consequences both for occupational safety and for social rights.
In Turkey, work accidents are addressed in detail both in occupational health and safety legislation and in the regulations of the Social Security Institution (SGK). It is important for employees to know their rights and for employers to fulfill their responsibilities in such situations.
What Is a Work Accident?
The concept of work accident is explicitly defined in the Social Insurances and General Health Insurance Law No. 5510. According to the law, an incident is considered a work accident when it occurs:
- While the employee is at the workplace,
- Due to work carried out by the employer,
- While the employee is outside the workplace on duty,
- During travel to and from work in a vehicle provided by the employer.
Situations Considered Work Accidents
- An employee injured while operating machinery at the workplace.
- A traffic accident occurring while working outside the workplace on assignment.
- Falling ill and falling during a business trip.
- Inhaling smoke in a workplace fire.
- An accident involving the company shuttle during commuting.
Legal Basis for Work Accidents
- Work accidents are evaluated under the Social Insurances and General Health Insurance Law (No. 5510).
- When an employee has a work accident, there is an obligation to notify the SGK.
Occupational Health and Safety Law
- The Occupational Health and Safety Law No. 6331 clearly requires employers to take necessary health and safety measures.
- If these obligations are not met, the employer may face both administrative fines and compensation liability.
What the Injured Person Should Do
First Step: Check Health Status
Immediate priority after an accident is health. The injured person should move themselves and others to a safe area if possible, call emergency services, or go to the nearest healthcare facility.
Second Step: Inform the Employer
The incident must be reported immediately to the employer or supervisor because the employer has the legal duty to report the accident to the SGK.
Third Step: Official Record
The employee should ensure the accident is recorded. A written report should be prepared and, if necessary, eyewitness statements should be collected.
Fourth Step: SGK Notification
The employer is required to notify the SGK within 3 business days. If the employer fails to do so, the employee may submit the notification personally.
Employer Responsibilities
- The employer must report the work accident to the SGK within 3 business days.
- Law enforcement should also be informed when necessary.
Safety Measures
- Employers are obliged to take all necessary occupational safety measures.
- Providing protective equipment, offering training, and reducing risks are basic employer responsibilities.
Material and Moral Liability
If an employee suffers damage as a result of a work accident, the employer may be liable to pay both financial compensation and non‑pecuniary (moral) compensation.
Rights After a Work Accident
Employees have the following rights after a work accident:
| Type of Right | Description |
|---|---|
| Temporary Incapacity Allowance | A temporary income paid by the SGK for the period covered by the medical report. |
| Permanent Incapacity Pension | A continuous pension granted if the worker has a permanent disability. |
| Medical Expenses | All healthcare costs are covered by the SGK. |
| Death Pension and Benefits | Income provided to the family in case of the worker’s death. |
| Funeral Allowance | A payment made for the funeral of a worker who died as a result of a work accident. |
SGK Procedures and Notification
- The employer must notify the SGK of the accident within 3 business days.
- If notification is not made, an administrative fine may be imposed on the employer.
Notification Methods
- Via the national e‑government portal (e-Devlet).
- Using the SGK Work Accident Notification Form.
Compensation for Work Accidents
Material Compensation
- Coverage of medical and treatment expenses.
- Compensation for income lost due to temporary or permanent incapacity.
Non‑Pecuniary (Moral) Compensation
- Compensation for psychological suffering experienced by the injured worker.
- Compensation for the moral harm suffered by the family.
Compensation for Loss of Support
- When the worker dies, payments are made to the dependents who relied on the deceased for support.
Examples of Work Accidents and Possible Outcomes
| Work Accident Example | Possible Outcome |
|---|---|
| Fall from height on a construction site | Entitlement to a permanent incapacity pension |
| Machinery accident in a factory | Right to medical care and compensation |
| Company shuttle involved in a crash | Temporary incapacity allowance |
| Chemical poisoning | Coverage of medical expenses and compensation |
Measures to Prevent Work Accidents
From the Employer’s Side
- Conduct risk analysis.
- Provide occupational safety training.
- Supply appropriate protective equipment.
From the Employee’s Side
- Comply with occupational safety rules.
- Use personal protective equipment correctly.
- Report hazardous situations to supervisors.
Work accidents are serious events that directly affect both employees and employers. Taking the correct steps after an accident is crucial to protect rights and minimize losses. Employees knowing their rights and employers fulfilling their duties play a vital role in establishing a strong safety culture.
Frequently Asked Questions (FAQ)
1. Who reports a work accident?
The employer is required to notify the SGK within 3 business days.
2. Is salary paid to a worker who has a work accident?
During the period covered by a medical report, the SGK pays a temporary incapacity allowance.
3. What is paid to the family if a work accident results in death?
The family is entitled to a death pension, monthly payments, and a funeral allowance.
4. Is it necessary to file a lawsuit to receive compensation for a work accident?
If the employer failed in their responsibilities, the worker or their family may file a lawsuit to seek compensation.
5. Can work accidents be prevented?
Yes. With appropriate occupational safety measures and training, most work accidents can be largely prevented.