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 the right of personality. In the event that a person’s physical integrity is damaged, the money paid to the injured person or in some cases to his relatives, taking into account the characteristics of the event, is called moral compensation.
In order for non-pecuniary compensation 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
Physical damage to the labourer
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. For this reason, the amount of moral compensation is different for each concrete case.
In case of severe bodily harm or death, an appropriate amount of money may be decided to be paid to the relatives of the injured or deceased as moral compensation.
Material Compensation: The provisions of the Turkish Code of Obligations regarding compensation for wrongful acts are applicable in the case of material compensation due to an occupational accident. Accordingly, in the event 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 particularly as follows
Funeral expenses.
If the death did not occur immediately, treatment expenses and losses arising from the decrease or loss of working capacity.
Losses incurred by persons deprived of the support of the deceased for this reason
In particular, bodily damage includes
Medical expenses.
Loss of earnings.
Losses resulting from loss or impairment of earning capacity.
Losses resulting from damage to economic prospects.
MEDIATION IN WORK ACCIDENT COMPENSATION CASE
As a rule, it is mandatory to apply to mediation in labour disputes. However, pecuniary and non-pecuniary compensation cases based on occupational accidents and occupational diseases, as well as determination, objection and recourse cases related to these receivables are not included in the scope of mandatory mediation.
COMPETENT COURT IN COMPENSATION CASES ARISING FROM OCCUPATIONAL ACCIDENTS
Lawsuits to be filed for receivables arising from work accidents are filed in the Labour Court. As for the competent court; there is more than one competent court.
In work accidents, the general competent court is the court of settlement of the defendant real or legal person on the date the lawsuit is filed. If there is more than one defendant, the court of settlement of one of them is also authorised.
The labour court of the place where the work accident or damage occurred is also authorised to hear material and moral compensation cases arising from work accidents.
The labour court of the place of residence of the plaintiff relatives of the worker who has been disabled due to the work accident or the deceased worker if death has occurred is also competent.
STATUTE OF LIMITATIONS FOR COMPENSATION CASES ARISING FROM WORK ACCIDENTS
The lawsuits to be filed by the employee or his/her relatives due to an occupational accident are subject to a 10-year statute of limitations. The beginning of the statute of limitations is the date of the work accident.
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