Work accident lawyer; It provides legal support to employees in SSI notification, fault, disability, material and moral compensation, and criminal and labor court processes.
Support from a workplace accident lawyer requires assessing not only the amount of compensation but also ensuring that health records, Social Security notifications, occupational safety measures, fault, causation, and the criminal investigation are conducted compatibly with each other. Preserving camera, shift, and equipment records that could be lost in the first days can affect the future of the case.
Accidents that occur in construction, tourism, agriculture, transportation, and industrial jobs in Antalya and Manavgat have different working conditions.Attorney Ahmet Emre Çimenexamines the chronology from the scene of the incident to health and institutional records from the perspective of the worker, entitled party, or employer and determines the appropriate legal course.
Is Every Incident at the Workplace a Workplace Accident?
Law No. 5510 regulates certain incidents that occur while the insured is at the workplace, due to work carried out by the employer, when sent to another place for duty, during breastfeeding periods, or while commuting to and from work provided by the employer, within the scope of work accidents. Although the occurrence of the incident in the workplace is important, it is not the sole criterion.
Considering an incident as a work accident is not the same evaluation as holding the employer legally liable under private law. In an incident recognized as a work accident by the Social Security Institution (SGK), the distribution of fault can be examined separately. Detailed assessment is required for conditions in cases of heart attack, shuttle accidents, workplace fights, or incidents occurring during remote work.
Priority Order in the First 24 Hours
Health and safety
The first priority is to safely deliver the injured person to healthcare services and prevent a new accident. It is important that the incident is described accurately in the treatment records. The worker's access to healthcare cannot be delayed due to concerns about evidence collection.
Protection of the incident site
If the machine, equipment, or work area does not create a new risk, it should not be altered before an authorized inspection. Camera footage, shift schedules, maintenance records, risk assessments, training, and personal protective equipment delivery documents are preserved. The privacy of the injured person must not be violated when taking photos.
Accurate notification and minutes
The report should explain the observations of the people who witnessed the event, the time, and the place, instead of using pre-prepared template sentences. Forcing the employee to sign under pressure acknowledging fault or making it appear as if the incident occurred outside the workplace may create new liabilities in the future.
When Should the SGK Notification Be Made?
For an employee insured under 4/a, the work accident must be reported immediately by the employer to law enforcement; to SGK within three working days following the accident. If the incident occurs outside the employer's control and impedes learning about it, the period may start from the date the accident is learned. The method of notification and the starting day are checked in the specific case.
Failure to notify does not by itself eliminate the nature of the incident being a work accident. The worker or the beneficiaries can apply to the Institution; an institutional review and, if necessary, a lawsuit to determine the work accident may arise. Late notification, however, may result in administrative sanctions and allocation of certain costs incurred by the Institution to the employer.
Four Separate Legal Lines in the Work Accident File
Process Main purpose Primary review
Social Security Institution procedures The nature of the incident as a work accident and insurance rights Notification, medical report, work incapacity, and Institution records
Compensation lawsuit Recovery of damages from responsible parties Fault, causality, income, disability, and support relation
Criminal investigation Determination of criminal liability Occupational safety obligations, care and diligence, responsible persons
Administrative inspection and recourse Assessment of public obligations and institutional damage Record keeping, training, risk analysis, notification, and employer fault
These processes may affect each other, but one is not an automatic result of the other. The fault assessment in the criminal file may not fully bind the civil court; the Social Security Institution's acceptance of a workplace accident does not automatically determine the amount of compensation. Declarations and evidence in the files must not conflict.
How to Examine Fault and Causal Link?
The employer is responsible for ensuring the occupational health and safety of employees; preventing risks, providing training, supplying appropriate equipment, and supervising. The mere existence of a signed training form does not guarantee that the training was provided in a manner suitable for the job and understandable by the employee. Machine guards, working methods, supervision, and work plans are physically examined.
The worker's behavior can also be considered in fault assessment. However, a general expression such as 'carelessness' is not sufficient; the worker's instructions, training, experience, work pressure, and access to safe alternatives are investigated. The actions of a third party, inevitability, or health-related conditions are also separately evaluated in terms of the causal link between the incident and the damage.
Principal Employer, Subcontractor, and Other Responsible Parties
There may be multiple companies at the construction site or shared work area. The worker's payroll employer, the principal employer managing the work, the equipment owner, the maintenance company, and project managers may be different. The legality of the subcontractor relationship and the actual control each company has over occupational safety are determined.
Responsibility is not solely established based on the company manager's title in the trade registry. The duties and authorities of the occupational health and safety professional, site supervisor, or team leader can be examined. Delegation of authority does not completely eliminate the employer's oversight and organizational responsibility in any case.
Material and Moral Compensation Items
In an accident causing injury, temporary or permanent inability to work, treatment and care expenses, disruption of economic future, and damages not covered by SGK may arise. In the event of death, claims for loss of support, funeral expenses, and moral compensation, if applicable, are evaluated. Each claim is calculated within the framework of actual damage and legal liability.
In calculating compensation, the degree of fault, earnings, age, disability, likelihood of working, and the impact of SGK payments can be taken into account. The legal disability assessment may not be the same as the health board report. Since periodical coefficients and actuarial methods can change, no exact figure should be guaranteed in advance.
Objection to Disability and Health Reports
A healthy assessment regarding the permanent condition may not be possible before the treatment is completed. The epicrisis, surgery, rehabilitation, rest, and follow-up records must be collected completely. If there are psychological effects, they need to be documented with a specialist's evaluation; focusing solely on physical injury may show the actual damage incompletely.
Reasoned objections can be made against reports obtained by the SGK health board and during litigation, in terms of medical findings and their impact on work capacity. It should be checked whether the report discusses or does not discuss the connection to the accident, previous illnesses, and recovery status.
Is Mediation Mandatory in a Work Accident?
Material and moral compensation arising from a work accident or occupational disease, as well as lawsuits for determination, objection, and recourse related to them, are excluded from the requirement of mediation. If the parties wish, they can consider voluntary mediation within the scope of the nature of the dispute and their intentions.
If there are wage, severance, or other labor claims within the same employment relationship, the procedural requirement for these claims may be different. It should not be assumed that the exception for work accident compensation extends to all labor claims. Claims are classified separately.
The Importance of Statute of Limitations and Early Evidence Collection
The durations in compensation and criminal processes may vary depending on the nature of the incident, the determination of the damage and the responsible party, the connection with the statute of limitations for criminal cases, and the type of claim. Social Security Institution (SGK) applications, work accident determinations, and employee claims are not subject to the same duration. Therefore, one should not rely on a single "work accident lawsuit period."
Even if the time seems long, camera footage, shift information, and witness memory can be lost quickly. At an early stage, it is evaluated which method is necessary, such as notarized certification, evidence collection, application to the institution, or subpoena of records from the court.
Things the Employer Should Not Do After an Accident
Do not alter the scene without conducting an investigation and without a security need.
Do not make employees sign a report containing the same template statement.
Do not delete or alter camera, maintenance, training, and shift records.
Do not delay the Social Security notification thinking it means acceptance of compensation.
Do not force the injured worker to give up treatment and report rights.
Do not make definitive public statements before fault assessment is completed.
Transparent and fact-based incident investigation is also important for the employer's defense. Determining the root cause of an accident ensures the prevention of similar incidents; an investigation focused only on finding someone at fault may continue the safety gap.
Legal Management of Work Accident Files in Antalya
Lawyer Ahmet Emre ÇimenIt compiles SGK notifications, health documents, occupational safety records, and witness statements in a single chronology for work accident files in Antalya and Manavgat. Determinations and compensation claims from the perspective of the worker and beneficiaries; notification, evidence preservation, and liability defense from the employer’s perspective are carried out specifically for the file.
The nature of the incident as a work accident, fault, and the amount of damage are evaluated by different institutions and courts based on concrete evidence. No definite compensation or absence of fault can be stated beforehand.
Frequently Asked Questions
In how many days is a work accident reported to SGK?
Regarding 4/a insured employees, the employer, as a rule, reports the accident to SGK within three working days after the event; in events outside control, the date of learning may be effective.
What can an employee do if the employer does not make a notification?
The employee or beneficiaries can apply to SGK; the Institution's examination and, if necessary, a lawsuit to determine the work accident can be evaluated.
Is an accident in a service vehicle considered a work accident?
Incidents that occur while going to and from work with a vehicle provided by the employer can be considered as work accidents under the conditions of the law.
If the employee is at fault, can they not receive compensation?
The employee's fault can affect calculation and liability; however, on its own, it does not eliminate all rights in every case. Fault and causation are examined in detail.
Is mediation mandatory before a work accident lawsuit?
Mediation as a procedural requirement does not apply in lawsuits regarding material and moral compensation arising from a work accident, as well as in disputes over determination, objection, and recourse.
If the camera footage is deleted, can a lawsuit not be filed?
No. Health records, witness statements, shift and equipment logs, and institutional records can be used. However, early application is important to preserve the lost footage.
If SGK makes a payment, can compensation not be claimed from the employer?
The effect of SGK payments on private law compensation is evaluated in the calculation; payment does not automatically terminate other liabilities.