1. What Are Considered as Workplace Accidents?

A workplace accident refers to an incident that occurs either at the workplace or outside the workplace upon the employer’s instruction, which results in the worker becoming physically or mentally disabled or dying as a consequence.

Workplace accidents are regulated under the Labor Law No. 4857, the Social Insurance and General Health Insurance Law No. 5510, the Occupational Health and Safety Law No. 6331, and other relevant legislation.

According to Article 3/1-g of the Occupational Health and Safety Law No. 6331, a workplace accident is defined as “an incident that occurs at the workplace or due to the execution of the work, which results in death or causes physical or mental disability.”

Article 13 of the Social Insurance Law No. 5510 outlines the circumstances considered as workplace accidents. These are:

• While the insured is physically present at the workplace,
• If the insured works independently on their own behalf, while performing work assigned by the employer,
• While the insured, employed by an employer, is sent to another location outside the workplace and is not performing their primary job,
• During periods allocated to nursing mothers to breastfeed their child as per labor legislation,
• While commuting to and from the workplace in a vehicle provided by the employer, if an incident occurs that causes immediate or later physical or mental disability.

2. Lawsuit for Determination of a Workplace Accident

Under Law No. 5510, a workplace accident must be reported to the Social Security Institution (SSI) by the employer. Upon notification by the employer or the employee, inspectors from the institution will conduct an investigation. Based on this investigation, a report is prepared determining whether the incident constitutes a workplace accident and identifying the degree of fault of the parties involved. If the report qualifies the incident as a workplace accident, the injured worker can directly file a lawsuit for material and moral damages.

If the incident is not accepted as a workplace accident in the report, the injured worker must first file a “lawsuit for the determination of a workplace accident” before pursuing compensation. In this lawsuit, both the employer and the SSI must be named as defendants. The statute of limitations for this lawsuit is 10 years from the date of the accident.

If the court determines the incident as a workplace accident and the ruling becomes final, and if the worker suffers permanent disability, the SSI will provide income to the worker. In the event of death, the income will be paid to the deceased worker’s relatives. A portion of this income will be deducted from any compensation awarded in the lawsuit.

The injured worker or their relatives must wait for the determination lawsuit to be finalized before filing a compensation claim. If the compensation claim is filed beforehand, the court must suspend proceedings and await the result of the determination case before proceeding with the compensation case.

3. What is a Workplace Accident Compensation Lawsuit?

A workplace accident compensation lawsuit is filed when a worker is injured or dies due to a workplace-related incident, and seeks compensation for material damages and mental anguish from the responsible employer on behalf of the worker or their family.

Such lawsuits can be filed not only against the primary employer but also against subcontractors the worker was employed by. In that case, both the primary and subcontractor employers will be jointly liable for any awarded compensation. Although the SSI is included in the determination lawsuit, only the employer(s) should be named as defendants in the compensation lawsuit.

The statute of limitations to file a compensation lawsuit is 10 years from the date of the workplace accident. However, if a related criminal case has been initiated and the criminal statute of limitations is longer, the longer period will apply to the compensation case as well—this is especially relevant in cases of fatal accidents. If the worker’s disability increases progressively over time, the statute of limitations starts from the date of the final medical report confirming permanent disability.

4. Damages That Can Be Claimed in Material and Moral Compensation Lawsuits

• 4.1. Compensation for Mental Anguish

In cases where a workplace accident results in serious physical harm to the worker, or in the event of death, the worker or their family may claim compensation for their mental anguish in the form of monetary compensation. There is no specific formula in the law for calculating this amount. It is determined by the judge based on equity and considering several factors.

These factors include the specific circumstances of the incident, the financial status of the parties, the degree of fault, and the severity of emotional suffering. Fatality, permanent injury, or loss of limbs are factors that increase the amount of compensation.

• 4.2. Material Compensation for Injuries Caused by Workplace Accidents

In terms of material compensation, workplace accidents can result in temporary or permanent incapacity. In cases of temporary incapacity, the worker can claim losses incurred due to the inability to work during recovery. Permanent disability, including loss of earning capacity or functional capacity, is also compensable. The degree of disability is determined by a medical report, and compensation is calculated accordingly.

Expenses related to treatment and rehabilitation, as well as losses due to disruption of the worker's economic future, can also be claimed.

• 4.3. Material Compensation in Case of Death

In the event of the worker’s death, material compensation can include funeral expenses, treatment expenses incurred before death (if any), loss of income due to reduced or lost earning capacity, and compensation for the relatives who were financially dependent on the deceased (compensation for loss of support). Parents, spouse, and children of the deceased may claim this compensation.

5. Which Court Has Jurisdiction Over Workplace Accident Determination and Compensation Lawsuits?

Multiple courts may have jurisdiction in lawsuits related to workplace accident determination and compensation. The general competent court is the court of the place where the defendant (real or legal person) resides at the time the lawsuit is filed. If there are multiple defendants, any of their places of residence may be chosen.

In addition to this, the labor court in the location where the accident occurred, the labor court in the injured worker’s place of residence if the worker was disabled and in case of death, the labor court in the place of residence of the deceased worker’s relatives are also competent.