Compensation Following a Work Accident

Compensation Case After Work Accident: Know Your Rights

The construction industry is unfortunately one of the areas where the most work accidents occur. Heavy equipment, working at heights and complex processes create an environment where workers are at risk at all times. So, what are the rights of the worker and his family in case of a work accident? Here's what you need to know about the compensation lawsuit process after a work accident.

What is a Work Accident and Who is Responsible?

A work accident is an event that occurs in the workplace or during the execution of work and causes immediate or subsequent physical or mental disability to the insured. According to our laws, one of the most important responsibilities of the employer is to provide care for its employees. to provide a safe working environment. The employer is obliged to take occupational safety measures, provide the necessary equipment and train employees on this subject. In accidents that occur because the employer does not fulfill these responsibilities, is held liable for damages.

Why is a compensation lawsuit filed?

As a result of a work accident, the worker;

• May become temporarily or permanently inoperable,
• May experience physical or psychological traumas,
• May encounter obstacles that reduce the quality of life.

In order to cover these damages, lawsuit for material and moral damages opens.

Financial Compensation: It aims to cover economic damages arising from work accidents. The compensations that can be claimed in this context are as follows:

• Incapacity compensation: Loss of salary arising from the time not worked due to an accident.
• Caregiver expenses: The cost of this service in case someone else's help is needed due to the accident.
• Treatment and hospital expenses: All medical expenses related to the accident.
• Loss of earnings: Compensation for decreased earnings after an accident.

Non-pecuniary Compensation: It is requested as compensation for the pain, suffering, sadness and psychological trauma experienced due to the accident. The amount of this compensation is determined at the discretion of the judge.

How Does the Litigation Process Work?

1. Accident Detection and Reporting: A work accident must be reported immediately to the Social Security Institution (SGK). SGK investigates whether the accident is a work accident and creates a file. The documents kept during this process are of great importance for the case.
2. Mediation Stage: If there is a dispute between the employee and the employer, it is mandatory to go to mediation before filing a lawsuit. The mediation process can enable the parties to reach a compromise.
3. Filing a Lawsuit: If an agreement cannot be reached in mediation, the worker or his family, if he is deceased, files a lawsuit for compensation against the employer in the labor courts.
4. Flaw Detection: During the court process, it is investigated who is at fault for the accident. The employer's fault directly affects the amount of compensation. If the employer has not taken occupational safety measures, completely defective Prepared by can be found.
5. Calculation of Compensation: Financial compensation is calculated by taking into account reports from SSI, expert examinations and factors such as the person's age and income.

Important Note: Limitation Period

In compensation cases arising from work accidents A statute of limitations of 10 years . However, if there is a criminal case (for example, death or personal injury due to the employer's negligence), the criminal statute of limitations (usually longer) applies.

Result

Evaluation after a work accident; It is based on incident records, health documents, employment relationship, fault and damage elements. The application method and deadlines are determined according to the characteristics of the concrete case.