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Worker's Rights After Work Accident: Employer's Responsibility, Material and Moral Compensation Law No. 5510. 13, Notification, Defect and Compensation Case According to the Occupational Health and Safety Law No. 6331 and the Turkish Code of Obligations No. 6098 (2026) was prepared based on the legislation in force as of 2026 and official sources dated October 2026.
Work accident is an event that renders the insured physically or mentally disabled in the cases listed in Article 13 of Law No. 5510. The employer must report the accident to the law enforcement immediately and to the Social Security Institution within three business days at the latest. The income covered by SSI and the lawsuit for material and moral damages to be filed against the employer are separate paths; The cash capital value of SSI income is deducted from the financial compensation. The case is heard in the labor court and there is no mandatory mediation requirement. Timely objection to fault and disability reports directly affects the outcome.
A work accident can have serious consequences that affect not only the physical integrity of the worker, but also his ability to work and the livelihood of his family. The insurance benefits provided by SSI after the accident and the compensation lawsuit to be filed against the employer are two different legal remedies and should often be evaluated together.
This guide explains which events are considered work accidents, the employer's notification and precaution obligations, compensation items that can be claimed, and the litigation process in the light of the current decisions of the 10th Civil Chamber of the Supreme Court of Appeals.
If the event that renders the insured immediately or later physically or mentally disabled occurs in one of the following situations, it is a work accident:
Events that occurred while he was at work.
Events occurring due to the work carried out by the employer; even if the worker is outside the workplace.
Events that occur during the time spent without doing the main job due to being sent to another place on duty.
Events that occur during the time a breastfeeding woman is allocated to breastfeed the insured's child.
Incidents that occur while traveling to or from the place of work with a vehicle provided by the employer (service accidents).
The employer must immediately report the work accident to the local law enforcement authorities and to the Social Security Institution within three business days after the accident. If the accident occurred in a place beyond the employer's control, the period starts from the date the accident was learned. Failure to notify will result in administrative fines and liability to SSI for the employer.
Occupational Health and Safety Law No. 6331 and TBK art. In accordance with Article 417, the employer is obliged to take all measures required by science and technology to ensure health and safety in the workplace: conducting a risk assessment, providing training to the worker, providing personal protective equipment and supervising its use are parts of this obligation. The Supreme Court accepts that the employer will be deemed at fault unless it proves that it has fulfilled these obligations.
As a rule, defect rates are determined by an expert panel consisting of occupational safety experts. If the worker's own behavior contributed to the accident (contributory fault), TCO art. Discount is made in accordance with article 52; However, the employee's fault does not eliminate the employer's obligation to take precautions.
Temporary disability allowance SGK It is paid for each day of rest; Bonus day requirement is not required in case of work accident
Permanent disability income SGK It is bonded if the loss of earning capacity in the profession is at least 10%
Financial compensation (incapacity damage) Employer Actuarially calculated equivalent of loss of earning capacity; The cash capital value of the income assigned by SSI is deducted.
Treatment and caregiver expenses Employer / SSI Treatment expenses not covered by SSI and caregiver expenses if needed
moral compensation Employer Pain and suffering due to injury or death; The fault rate and the severity of the injury are taken into consideration
Compensation for loss of support Employer For the spouse, children and other relatives who are deprived of the support of the deceased in case of fatal accidents
Non-pecuniary compensation of relatives Employer For relatives in case of death or serious bodily harm (TBK article 56)
The basic element of financial compensation is the permanent disability rate. The Supreme Court emphasizes that this rate must be determined duly and without any room for hesitation, and that this rate will be taken into account both in the calculation of pecuniary compensation and in the assessment of non-pecuniary compensation (Supreme Court 10th HD, E. 2025/19345, K. 2026/3971, T. 07.04.2026).
Competent court: Material and moral compensation cases arising from work accidents are heard in labor courts.
There is no mediation requirement: Pursuant to Article 3 of Law No. 7036, material and moral compensation cases arising from work accidents or occupational diseases and related determination, objection and recourse cases are outside the scope of compulsory mediation.
Statute of Limitations: Since the claim for compensation is based on the violation of the employer's duty of protection arising from the employment contract, it is subject to a general statute of limitations of ten years. In the Supreme Court practice, the period is evaluated from the date on which the scope of the damage, especially the permanent incapacity rate, is learned with certainty.
Criminal trial: In case of injury or death due to an accident, an investigation is carried out against those responsible for the crimes of reckless injury or reckless homicide. Although the fault report in the criminal file is an important evidence in the compensation case, it is not binding on the civil judge.
SSI benefits Temporary disability allowance; permanent disability income if the loss is 10% or more
Case Summary: Mr. Mehmet, who worked in a housing project, fell from the third floor scaffolding, which did not have a seat belt or life line, and due to his hip fracture, a 28% loss of earning capacity in the profession was determined by the SSI medical board. Legal Evaluation: Failure to take collective and personal protection measures against working at height on the scaffold indicates serious fault on the part of the employer. Mehmet Bey is granted permanent disability income by Social Security Institution; In a lawsuit filed against the employer, the remaining material damage and non-pecuniary damages are requested after the cash capital value of the income is deducted. To the extent of the employer's fault, SSI recourses the payments made to the employer.
Case Summary: Fatma Hanım, who works in a factory, was injured in a traffic accident involving the shuttle while going to work with the personnel shuttle provided by her employer. The employer did not report the incident as a work accident, stating that the accident occurred outside the workplace. Legal Evaluation: The incident that occurred while going to work with the vehicle provided by the employer is a work accident in accordance with Article 13 of Law No. 5510. Failure to notify will result in administrative and financial consequences against the employer. Ms. Fatma can apply to the Social Security Institution and request that the incident be accepted as a work accident; Compensation remedies against the employer, those responsible for the service vehicle, and the insurer are also evaluated.
Can a worker who has a work accident be dismissed?
Failure to come to work during the rest period cannot be considered as a reason for termination. The employer may have the right to terminate when the rest period exceeds the notice period determined by the employee's seniority by six weeks; Even in this case, severance pay is paid.
If the worker is also at fault in the accident, can he receive compensation?
Yes. The worker's mutual fault only results in a reduction in compensation in proportion to his fault. The employer's liability continues, except in exceptional cases where the accident occurs entirely through the employee's own gross fault.
Does having income from SSI prevent filing a lawsuit against the employer?
It does not prevent. SSI income is deducted from compensation; Damage not covered by income and non-pecuniary damages are also requested from the employer.
Failure to report the accident to SGK within three business days.
Not considering incidents such as service accidents as work accidents on the grounds that they occur outside the workplace.
Failure to keep records of risk assessment, training and delivery of protective equipment.
Not objecting to the disability rate and fault report in a timely manner.
Thinking that a compensation lawsuit cannot be filed against the employer because SSI income is tied to it.
Work accident compensation cases; SSI transactions are technical processes in which occupational safety expert examination, health board reports and actuarial calculations are intertwined. Failure to appeal the disability rate or fault report in a timely manner may permanently affect the compensation amount.
Küheylan Law Firm offers comprehensive legal support on behalf of workers who had a work accident and the relatives of workers who lost their lives, from following SSI processes to objecting to fault and disability reports, to material and moral compensation cases; It provides consultancy to employers regarding compliance with occupational health and safety legislation and recourse cases.
Important Legal Notice: The legal explanations contained in this guide have been prepared by Küheylan Law Firm for general information purposes and do not constitute legal advice. The unique conditions of each file may change the outcome. In order not to miss the application, objection and lawsuit deadlines, it is recommended to get legal support from a lawyer before the process begins. © 2026 Küheylan Law Firm. All rights reserved.
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