Occupational Disease Compensation Case

Occupational Disease Compensation Case

What is Occupational Disease?

An occupational disease is a temporary or permanent illness, physical or mental disability that the insured person suffers due to a recurring cause arising from the nature of his/her work or the conditions of his/her work (Article 14 of Law No. 5510). Law No. 6331 on Occupational Health and Safety (Art. 3/1-L) also defines occupational disease as a disease arising from exposure to occupational risks.

Employees do the same job for a long time, work in the same way, and after a certain period of time due to the way the work is done or the nature of the work, they are affected by the work they do and get an occupational disease. The worker who suffers from an occupational disease has the right to claim material and moral compensation.

Compensation lawsuit due to occupational disease; It is a type of material and moral compensation lawsuit filed in order to compensate for the pain and loss of labor force suffered by the insured due to occupational disease.

Conditions of Occupational Disease

Diseases that occur due to the activities that the insured performs every day while practicing his/her profession or in connection with the work he/she performs due to the nature of the work or working conditions are considered as occupational diseases. Not every disease of the insured can be considered as an occupational disease; in order for a disease to be considered as an occupational disease and subject to a compensation claim, the following conditions must be met together

1. Labor Condition: The Law No. 5510 has indicated the “insured” worker as the person who may have rights due to occupational disease. However, even if the worker is not insured, it is possible to determine both insurance and occupational disease by filing an occupational disease determination lawsuit, unless the work and occupational disease is otherwise determined by the institution.
2. Condition of Occurrence During the Execution of the Work: The occupational disease (illness, physical or mental disability) must arise due to the work carried out by the worker. There must be a causal link between the occupational disease and the work performed by the worker.
3. Duration Condition: The occupational disease must arise during a certain continuous working period of the worker. Physical or mental damage to the worker as a result of sudden or accidental events is considered an “occupational accident”. In this case, a lawsuit for compensation can be filed due to an occupational accident. Occupational disease, on the other hand, is the gradual development of physical and mental damages after a certain period of time.
4. Disease Condition: The occupational disease must be one of the diseases specified in the Regulation and Regulation on Social Insurance Health Procedures. The disease must affect the worker physically or mentally and cause a disability. It must be determined by an SSI medical report or a court case. Any disputes that may arise regarding whether any disease other than the diseases specified in the Regulation should be considered an occupational disease are decided by the Social Insurance Supreme Health Council.

What are Occupational Diseases?

Occupational diseases are classified and regulated under main headings in Article 5 of the Social Insurance Health Procedures Regulation:

1. Head disorders (head bones, neurology, neurosurgery, psychiatry disorders and diseases)
2. Eye malfunctions
3. Ear malfunctions
4. Facial malfunctions
5. Neck malfunctions
6. Chest diseases
7. Shoulder and arm malfunctions
8. Wrist and hand malfunctions
9. Fingers of the hand malfunctions
10. Spine malfunctions
11. Diseases and malfunctions of the abdomen,
12. Pelvis and lower extremity malfunctions
13. Endocrine, metabolism, arm.

The diseases under each heading are detailed in Schedule A attached to the Regulation.