Compensation law is a branch of law that allows individuals to recover from financial and emotional damages resulting from wrongful acts. This area of law evaluates claims arising from harm and focuses on the legal remedies available to compensate for damages through court proceedings. To award compensation, there must be a tangible material or immaterial harm, and a causal connection between this harm and a specific wrongful act.

Individuals who have suffered damages due to a wrongful act may file a compensation lawsuit to recover such damages. Depending on the nature of the harm, claimants may seek material or immaterial compensation. The causes for compensation lawsuits can vary widely.

What Does Compensation Law Cover?

Compensation law addresses the recovery of financial and emotional damages caused by wrongful acts of individuals or organizations. It is generally classified into two main categories:

1. Material Compensation

Covers claims and lawsuits arising from financial damages. For instance, financial losses due to death or deprivation of support are addressed under material compensation.

2. Immaterial Compensation

Covers the recovery of emotional distress, sorrow, and other intangible harms.

In some cases, both material and immaterial compensation can be claimed simultaneously.

Types of Compensation Law

1. Material Compensation Lawsuits

Filed to recover financial losses caused by a wrongful act. In these cases, claimants may seek to recover all or part of the damages from the responsible parties.

2. Manevi Tazminat Davası

Filed to seek compensation for emotional pain, distress, and other non-pecuniary damages caused by a wrongful act.

Types of Compensation Lawsuits

1. Workplace Accident Compensation Lawsuits
• Filed by workers or, in case of death, their relatives for accidents occurring in the workplace or during work-related activities.
• Workplace accidents can be attributed to both the employer and subcontractors. For example, in a construction project, both the primary company and subcontractor may be held liable.
• Situations Considered as Workplace Accidents
• Accidents occurring within workplace boundaries.
• Accidents during tasks assigned by the employer or while commuting to and from work (including traffic accidents).
• Accidents occurring at external locations where the employee is assigned.
• Accidents during breastfeeding hours.
2. Material and Immaterial Compensation Lawsuits Due to Divorce
• During divorce proceedings, material compensation can be sought for financial losses, while immaterial compensation can be sought for emotional distress, such as sorrow and disappointment.
3. Compensation Lawsuits Due to Breach of Engagement:
• If breaking an engagement unjustly constitutes an infringement of personal rights, an immaterial compensation lawsuit can be filed. The aggrieved party may seek compensation from the party at fault.
4. Medical Malpractice Compensation Lawsuits:
• Filed for damages resulting from improper medical intervention by healthcare professionals or institutions. Lawsuits against public hospitals must be filed in administrative courts.
5. Compensation Lawsuits Due to Breach of Contract:
• Filed for damages resulting from breaches of contractual obligations. Both material and immaterial compensation can be claimed in such cases. These may include contracts for sales, real estate sales promises, or construction in exchange for land.
6. Compensation for Deprivation of Support
• Filed by relatives of a deceased person who provided financial and emotional support during their lifetime. Courts consider factors such as the deceased's age, profession, income, and lifestyle when determining the amount of compensation. The aim is to prevent financial hardships for those who relied on the deceased's support.