Moral Damages: Moral damages can be defined as emotional and/or physical pain such as grief, sorrow, and distress felt by a person as a result of an attack on their personal rights. In cases where a person’s physical integrity is violated, the money paid to the injured party or, in some cases, to their relatives, taking into account the characteristics of the incident, is referred to as moral damages.
In order for moral damages to be awarded to the relatives of a person who has been injured or killed in a work accident, the following conditions must be met:
The damage must have resulted from the act.
There must be a causal link between the damage and the act.
The act must be unlawful.
The worker must have suffered physical injury.
Moral damages are determined based on the degree of fault of the parties, their financial circumstances, and the extent of the moral damages incurred. Therefore, the amount of moral damages varies for each specific case.
In cases of severe physical injury or death, it may be decided that an appropriate amount of money be paid as moral damages to the injured person or the relatives of the deceased.
Material Compensation: In material compensation cases due to work accidents, the provisions of the Turkish Code of Obligations regarding compensation for wrongful acts apply. Accordingly, the items of material compensation that may be claimed by the employee and the employee’s relatives in a work accident compensation case in the event of death or bodily injury are regulated in Articles 53 and 54 of the Turkish Code of Obligations.
Damages incurred in the event of death include, in particular:
Funeral expenses.
If death did not occur immediately, medical expenses and losses arising from the reduction or loss of working capacity.
Losses incurred by persons deprived of the support of the deceased for this reason.
Physical injuries include, in particular:
Medical expenses.
Loss of earnings.
Losses arising from the reduction or loss of working capacity.
Losses arising from the disruption of economic future.
MEDIATION IN WORK ACCIDENT COMPENSATION CLAIMS
As a rule, it is mandatory to apply to a mediator in labor disputes. However, material and moral compensation claims based on work accidents and occupational diseases, as well as claims for determination, objection, and recourse related to these claims, are not included in the scope of mandatory mediation.
COMPETENT COURT IN COMPENSATION CLAIMS ARISING FROM WORK ACCIDENTS
Claims arising from work accidents are filed in the Labor Court. There is more than one competent court.
In work accidents, the general competent court is the court of the place of residence of the defendant, whether a natural or legal person, at the time the lawsuit is filed. If there is more than one defendant, the court of the place of residence of any one of them is also competent.
The labor court of the place where the work accident or damage occurred is also competent to hear material and moral compensation lawsuits arising from work accidents.
The labor court of the place of residence of the worker who became disabled due to a work accident or, if death occurred, the close relatives of the deceased worker who are the plaintiffs is also competent.
STATUTE OF LIMITATIONS IN COMPENSATION LAWSUITS ARISING FROM WORK ACCIDENTS
Lawsuits filed by workers or their relatives for material, moral, and loss of support compensation due to a work accident are subject to a 10-year statute of limitations. The statute of limitations begins on the date the work accident occurred.
