Workers can suffer accidents while performing their duties, and many of these incidents are classified as workplace accidents. Such accidents must be reported to the appropriate institutions as occupational accidents. In this article we will examine the general details of reporting workplace accidents and related incapacity notifications.
First, let’s define what constitutes a workplace accident and which conditions must be met for an event to be considered as such. A workplace accident is an incident that occurs while an employee is performing their job or on premises considered part of the workplace, causing physical or psychological harm to the worker. For an event to qualify as a workplace accident, the injured person must be insured. The accident must have occurred at the employer’s workplace or in areas that fall within the employer’s workplace scope. There must be a causal link between activities conducted under the employer’s control and the resulting injury. In addition to these conditions, the accident must result in a physical or psychological impairment for the person involved.
Notifying institutions about workplace accidents is important. Under Law No. 5510, procedures are defined for insured workers employed under a service contract by one or more employers who experience workplace accidents. When a workplace accident occurs, employers must immediately notify the Social Security Institution (SGK) where the workplace is registered, and the notification must be made no later than three days after the accident.
Workplace accident reporting obligations also apply to Turkish workers working abroad. If Turkish workers are sent by their employer to countries with which Turkey has no social security agreement and suffer a workplace accident abroad, the employer is required to notify the institution. In such cases the employer must report the accident to the Social Security Institution within the first three business days following the incident.
Self-employed insured individuals (Bağ-Kur members) also have reporting obligations for workplace accidents. If these independent insured persons suffer an occupational accident, they must notify the Social Security Institution within three business days at the latest, provided this notification does not exceed one month from the date of the accident.
Where Should a Workplace Accident Be Reported?
Workplace accidents must be reported to the Social Security Institution (Sosyal Güvenlik Kurumu). Notifications submitted to institutions other than the SGK are considered invalid and will not be processed, so it is important to know the correct place to submit a workplace accident or incapacity notification.
Documents Required for Workplace Accident Notification
Certain documents are required for reporting a workplace accident and related incapacity. The workplace accident and occupational disease notification form found in Annex-7 of the Social Insurance Procedures Regulation must be completed with the required information and submitted either electronically via the e-SGK system or delivered to the Institution by hand or by mail within the prescribed period.
Failure to report a workplace accident within the required timeframe may result in an administrative fine. Employers who submit late notifications are subject to monetary penalties. The amount of these penalties varies depending on the nature of the workplace and the type of work performed. For example, if an accident occurs at a workplace classified as highly hazardous and the employer fails to submit the required notification, the administrative fine may reach up to 7,400 TRY.
In addition, if an employer delays the workplace accident or incapacity notification, the temporary incapacity benefit (commonly known as sick pay) that should have been paid up to the date of notification may be reclaimed by the Social Security Institution from the employer of that workplace.