After a work accident, a consolidation petition is filed to combine the worker's claims for material-moral compensation, permanent disability compensation, treatment expenses and SGK rights in a single file. This method provides significant advantages in terms of both time and cost and allows for a more comprehensive compensation process.
Definition of Work Accident
According to Article 3 of the Occupational Health and Safety Law, a work accident is an event that the insured person suffers at the workplace, during working hours, or while under the management of the employer. Road accidents, business trips, and accidents during training are also included in the scope of work accidents.
Claims Combined in a Single File
- Material compensation: Treatment expenses, assistant person expenses, income losses
- Moral compensation: For pain, sorrow and grief
- Permanent disability compensation: According to the disability rate
- Temporary disability compensation: Income loss during recovery
- Loss of support compensation in case of death
Competent Court
Work accident lawsuits are heard at the labor court. The court of the location where the work accident occurred or the employer's headquarters has jurisdiction. The employer and SGK are made parties to the lawsuit together.
Statute of Limitations
- For application to SGK: 10 years from the date of the work accident
- For compensation from the employer: 10 years from the date of the work accident
- For determining disability rate: 3 years (after recovery)
Burden of Proof
The worker must prove:
- That the event is a work accident
- That the employer has violated occupational health and safety obligations
- The cause-effect relationship of the event
- The material and moral damage suffered
Expert Process
In work accident lawsuits, 3 different experts are appointed:
- Occupational health and safety expert: Employer fault rate
- SGK expert: Disability rate and income calculation
- Work accident expert: How the event occurred
Compensation Calculation Example
A 35-year-old worker with a monthly income of 15,000 TL suffered 30% disability in a work accident:
- Expected lifespan: ~80 years (45 more years)
- Monthly disability: 15,000 × 30% = 4,500 TL
- Annual: 54,000 TL × cash capital value multiplier = approximately 750,000-1,200,000 TL
- Moral compensation (50,000-200,000 TL) is added
Employer Liability
The employer is obliged to take occupational health and safety measures. According to Supreme Court 21st Civil Chamber precedents, if there is intent or gross negligence, the employer's fault rate may rise to 100%; SGK recovers the entire amount it paid from the employer.
As Elazığ Law Office
In work accident lawsuits, we provide our clients with services in: SGK application, preparation of lawsuit petition, expert process management, compensation calculation and full representation at the appeal-cassation stage. We are available 24/7 for emergency consultation.