Work accident compensation lawsuit; The employer is obliged to ensure the health and safety of the workers he employs at the workplace. Work accident compensation lawsuit is a type of material and moral compensation lawsuit filed by the responsible employer for compensation to the employee or his/her relatives in the event of injury or death of an employee working at the workplace due to the work relationship. An occupational accident is an event that occurs at the workplace or during the execution of the work, leading to the death of the worker or violation of his/her physical integrity.
SITUATIONS CONSIDERED AS WORK ACCIDENTS
While the insured is at the workplace,
Due to the work being carried out by the employer, if the insured is working independently on his own behalf and account, due to the work he is carrying out, c) The time spent without performing his main job due to the fact that the insured working for an employer is sent to another place outside the workplace on duty,
5510 No. Law No. 4 Article 4 of the first paragraph (a) of the subparagraph (a) within the scope of the breastfeeding female insured, in accordance with the labor legislation, during the time allocated to give milk to her child,
These are accidents that occur during the transportation of the insured to and from the place of work by a vehicle provided by the employer and that immediately or subsequently render the insured physically or mentally disabled.
NOTIFICATION IN CASE OF WORK ACCIDENT
For the insured within the scope of subparagraph (a) of Article 4 and Article 5 of the Law No. 5510, by the employer employing them, to the competent law enforcement authorities immediately and to the Institution within three working days after the accident at the latest,
For the insured within the scope of subparagraph (b) of Article 4 of Law No. 5510, within three working days after the day on which his/her illness does not prevent notification, provided that it does not exceed one month,
It is obligatory to notify the Institution directly or by registered mail with the work accident and occupational disease declaration. The above-mentioned period starts from the date the work accident is learned if the work accident occurs in places outside the control of the employer. In order to reach a decision on whether the event reported to the Institution will be considered as an occupational accident or not, an investigation may be carried out by the officers authorized by the Institution with supervision and control or by the Ministry’s labor inspectors. At the end of this investigation, if it is understood that the matters notified in writing do not correspond to the truth and the incident is not an occupational accident, the payments made by the Institution for this incident are collected from those who have made false notifications as of the date of payment in accordance with the provision of Article 96.
TIME PERIOD FOR FILING AN OCCUPATIONAL ACCIDENT COMPENSATION LAWSUIT
It is 10 years from the date of the work accident. If a criminal case has been filed due to a work accident, the persons concerned will be able to file a lawsuit for compensation within the statute of limitations for the relevant crime.