Av. Orhun Türkoğlu

According to the Occupational Health and Safety Law, an Occupational Accident is defined as an incident that occurs in the workplace or due to the performance of work, resulting in death or causing physical or mental impairment to the integrity of the body.

For an incident to be considered an occupational accident:

  1. Firstly, the worker must be working within the scope of the employer-employee relationship,
  2. The incident must occur in the workplace or in places considered as part of the workplace,
  3. The incident must occur due to work being carried out by the employer,
  4. The worker must suffer physical or mental impairment as a result of the incident,
  5. There must be a causal relationship between the incident and the harm suffered by the worker.

For an individual incident to be considered within the scope of an occupational accident, all of the above elements must occur together.

Occupational Disease; Temporary or permanent illness, physical or mental disability suffered by the worker due to repeated reasons related to the nature of the work performed or the conditions under which the work is carried out.

According to data from the International Labor Organization, approximately 2.2 million people die each year worldwide due to work-related accidents and illnesses, while 160 million people suffer from work-related illnesses. In Turkey, according to Social Security Institution (SGK) data, approximately 77,000 citizens experience occupational accidents and 500 citizens contract occupational diseases each year. These figures highlight the seriousness of the situation.

In the event of an occupational accident, the worker who suffers damage is entitled to temporary or permanent disability benefits from the SGK. In case of the worker’s death, income may be provided to the remaining beneficiaries under the conditions specified in the law. The assistance and benefits provided by the SGK do not cover moral damages, and they also fall short of fully compensating for the actual damage suffered by the worker. Therefore, it is important for the worker to seek legal recourse and seek assistance from a specialized attorney to ensure that their actual damages are compensated and to avoid loss of rights.