Work accident compensation lawsuit; The employer is obliged to ensure the health and safety of the workers employed at the workplace. Work accident compensation lawsuit is a type of material and moral compensation lawsuit filed by the responsible employer in case 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.
CASES CONSIDERED AS WORK ACCIDENTS
While the insured is at the workplace,
Due to the work 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) During the time spent without performing his main job due to the fact that the insured working for an employer is sent to another place other than 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 labour legislation, during the time allocated to give milk to her child,
These are accidents that occur during the travelling of the insured to and from the place where the work is carried out by a vehicle provided by the employer and that cause the insured to become physically or mentally disabled immediately or later.
NOTIFICATION IN WORK ACCIDENT
In terms of the insured within the scope of subparagraph (a) of Article 4 and Article 5 of the Law No. 5510, the employer employing them shall immediately notify the competent law enforcement authorities and 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 the Law No. 5510, by himself/herself, 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 learnt 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 of the Institution authorised with supervision and control or by the labour inspectors of the Ministry. At the end of this investigation, if it is understood that the matters notified in writing do not correspond to the truth and the event is not an occupational accident, the payments made by the Institution for this event are collected from those who have made false notifications as of the date of payment according to the provision of Article 96.
TIME PERIOD FOR FILING A WORK ACCIDENT COMPENSATION CASE
It is 10 years from the date of the work accident. If a criminal case has been filed due to an occupational accident; the relevant persons will be able to file a lawsuit for compensation within the statute of limitations for the relevant offence.
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