Workplace accident compensation claim; the employer is obligated to ensure the health and safety of the workers employed at the workplace. A work accident compensation lawsuit is a type of material and moral compensation lawsuit filed by an employee working at the workplace, seeking compensation from the responsible employer for themselves or their relatives in the event of injury or death due to the employment relationship. A work accident is an event that occurs at the workplace or during the performance of work, resulting in the death of the employee or violation of their physical integrity.
CASES CONSIDERED WORK ACCIDENTS
While the insured is at the workplace,
If the insured is working independently on their own behalf and account due to work being carried out by the employer, due to the work they are carrying out, c) When an insured person working for an employer is sent to another place outside the workplace on duty and spends time there without performing their main job,
When a female insured person who is breastfeeding, as defined in Article 4(1)(a) of Law No. 5510, takes time off to breastfeed her child in accordance with labor legislation,
Accidents occurring during the insured’s commute to and from the place of work using a vehicle provided by the employer, which immediately or subsequently render the insured physically or mentally disabled.
NOTIFICATION OF WORK ACCIDENTS
For insured persons covered by Article 4(a) and Article 5 of Law No. 5510, the employer who employs them shall immediately notify the competent law enforcement authorities at that location and the Institution within three working days of the accident at the latest.
For insured persons covered by Article 4(b) of Law No. 5510, the insured person must report the accident to the Institution within three working days after the day on which their condition no longer prevents them from reporting, provided that this does not exceed one month.
The accident and occupational disease report must be submitted to the Institution directly or by registered mail. The above-mentioned period shall commence from the date on which the accident is learned, if the accident occurs outside the employer’s control. In order to decide whether the incident reported to the Institution constitutes an accident at work, an investigation may be conducted by the Institution’s authorized officials or by the Ministry’s labor inspectors, if necessary. If, at the end of this investigation, it is determined that the matters reported in writing do not correspond to the truth and that the incident was not a work accident, the payments made by the Institution for this incident, which were made unjustifiably, shall be collected from those who made the false report, in accordance with the provisions of Article 96, from the date of payment.
TIME LIMIT FOR FILING A WORK ACCIDENT COMPENSATION CLAIM
The time limit is 10 years from the date of the work accident. If a criminal case has been filed due to the work accident, the relevant persons may file a compensation claim within the statute of limitations period prescribed for the relevant offense.
