Claimable Damages In Work Accidents
Moral Damage Moral damage can be defined as emotional and/or physical pain such as grief, sorrow, sadness as a result of an attack on one’s personal rights. In the event that a person’s physical integrity is damaged, the money paid to the injured person or in some cases to his/her relatives, taking into account the characteristics of the event, is called moral compensation.
In order for non-pecuniary damages to be awarded for the relatives of the injured or deceased due to an occupational accident;
- The occurrence of damage as a result of the act
- Causal link between the damage and the act
- The act is unlawful
- Bodily harm to the worker
The existence of conditions is sought.
Moral compensation is determined according to the fault rates of the parties, their financial status and the magnitude of the moral damage. Therefore, the amount of moral compensation is different for each concrete case.
In the event of serious bodily harm or death, an appropriate amount of money may also be awarded as non-pecuniary damages to the relatives of the injured party or the deceased.
Material Compensation: The provisions of the Turkish Code of Obligations on compensation for wrongful acts are applicable in cases of compensation for material damages due to occupational accidents. Accordingly, in case of death or bodily harm, the items of pecuniary compensation that can be claimed by the employee and the relatives of the employee in the work accident compensation case are regulated in Articles 53 and 54 of the TCO.
In the event of death, the damages suffered are especially as follows:
- Funeral expenses.
- If the death did not occur immediately, medical expenses and losses arising from the reduction or loss of earning capacity.
- Losses incurred by persons deprived of the support of the deceased for this reason
Bodily damages include in particular
- Medical expenses.
- Loss of earnings.
- Losses resulting from loss or impairment of earning capacity.
- Losses resulting from damage to economic prospects.
