A frequently encountered issue in business cases is occupational accidents. In terms of occupational safety, some conditions are required for an accident to be considered a work accident. These;

- The person who suffered the accident must be insured,

- The accident should occur in the workplace or in places considered workplace,

- The accident must occur due to the work carried out by the employer,

- As a result of the accident, the insured person should suffer mental or physical damage,

- There must be a causal link between the damage and the accident.

If the accident has all these conditions, it can be said that it is a work accident. Later, the legal order brought some obligations to the employer. According to this;

- Necessary actions should be taken regarding the health of the worker.

- The work accident should be reported to the law enforcement unit (police, gendarmerie, etc.).

- Workplace accident report should be prepared.

- There should be 2 witness statements in the workplace accident report.

- Work accident is notified to SGK in writing within 3 working days. SSI inspectors come to the scene of the accident and investigate whether the incident is a work accident.

- The work accident is also reported to the Regional Directorate in writing within 3 working days. The Regional Directorate also sends its own inspectors and determines the disability rates regarding the work accident.

As a result of an occupational accident, the worker may have lost a limb (hand, arm, leg) or died. In these cases, compensation can be awarded at the rate of worker disability (loss of workforce). As a result of death, moral compensation is also in question in favor of the family of the worker. In addition to these, the worker;

Giving temporary incapacity benefit,

- Making allowances for the right holders of the deceased insured,

- Granting funeral benefit for the deceased insured,

- Giving marriage allowance to girls who are on an income.

Although it is not mandatory to represent the pecuniary and non-pecuniary damages case to be filed with a lawyer, it will be healthier to follow such technical cases with a lawyer.

Av.Brak Güneş