Workplace Accident and Occupational Disease Compensation Claims in Turkey

A worker who falls from scaffolding on a construction site, a factory employee who falls ill after years of chemical exposure, or a member of staff injured in a company shuttle crash — in Turkish law these events trigger a layered legal process, not merely a medical one. An employee harmed by a workplace accident or occupational disease has two distinct avenues of recovery: statutory benefits paid by the Social Security Institution (SGK) and a separate compensation lawsuit based on the employer's fault. Understanding both is the first step to avoiding a loss of rights.

The Legal Definition of Workplace Accident and Occupational Disease

Law No. 5510 on Social Insurance and General Health Insurance treats both concepts as "short-term insurance branches." Under Article 13, a workplace accident is an event that occurs while the insured is at the workplace, because of work carried out by the employer, while sent on duty outside the workplace, or during travel to and from work in a vehicle provided by the employer — and which renders the insured physically or mentally disabled, immediately or subsequently.

Article 14 defines occupational disease as a temporary or permanent illness, or physical/mental disability, that the insured suffers due to the nature of the work performed or the conditions under which it is carried out. For a condition to count as an occupational disease, the SGK Health Board must confirm it on the basis of a medical board report and supporting documentation.

The Dual-Track System: SGK Benefits and a Compensation Lawsuit

The defining feature of Turkish law is that the loss caused by a workplace accident can be remedied from two separate sources.

First track – SGK benefits: Under Article 16 of Law No. 5510, the SGK provides a daily temporary incapacity allowance during recovery, a permanent incapacity income in cases of lasting disability, income for surviving dependants in the event of death, and a funeral allowance. These benefits are paid regardless of fault, provided the worker was insured. However, they cover only the statutory minimum and rarely make good the full actual loss.

Second track – lawsuit against the employer: The gap between the SGK benefits and the employee's actual loss is claimed, where the employer is at fault, through a separate lawsuit filed with the labour court. This claim rests on the employer's duty of care under Occupational Health and Safety Law No. 6331 and on the liability provisions of the Turkish Code of Obligations. Crucially, the first capitalised value of the income awarded by the SGK is deducted from the compensation calculation (offsetting), so that the worker is not paid twice for the same loss.

Scope and Calculation of Material and Moral Damages

An employee or their dependants may claim two types of damages. Material damages cover the loss of earnings arising from reduced working capacity, treatment and care costs, and — in cases of death — the loss of financial support suffered by dependants. The calculation is performed by an accounting expert on the basis of the assessed loss-of-earning-capacity rate, using current life tables and the worker's earnings; the capitalised value of the SGK income is then set off.

Moral damages compensate the pain and suffering caused by the violation of bodily integrity. Under Article 56 of the Turkish Code of Obligations, the judge assesses this amount at their discretion, taking into account the severity of the event and the parties' fault. In the event of death, close relatives such as a spouse, children and parents may also claim moral damages.

The Employer's Obligations and How Fault Is Assessed

Article 4 of Law No. 6331 imposes broad duties on the employer: preventing occupational risks, taking every necessary measure, carrying out a risk assessment, and monitoring compliance with the measures adopted. The law expressly states that obtaining services from outside experts or organisations does not remove the employer's liability, and that the employee's own duties do not diminish it.

In the compensation lawsuit, fault is apportioned by expert examination. An employer who fails to take the required health-and-safety measures is deemed at fault. Article 21 of Law No. 5510 provides that where the accident results from the employer's intent or from conduct contrary to occupational-safety legislation, the SGK may recover its payments from the employer. The employee's own fault, in turn, may reduce the compensation.

Practical Guidance for Foreign Workers

Foreign nationals employed with a work permit in Turkey hold the same rights. Some points, however, demand attention. A workplace accident must be reported by the employer to the local law-enforcement authorities immediately and to the SGK within three working days at the latest. Preserving all medical reports, treatment records and incident statements in full is critical for proof. Even if the work permit expires after the accident, accrued compensation and SGK entitlements do not lapse; the case can be pursued before the labour court where the employer's registered office is located. Because of the language barrier, conducting the process through a lawyer helps prevent a loss of rights.

Frequently Asked Questions

I already receive SGK income — can I still sue the employer? Yes. SGK benefits are a statutory minimum and do not cover the full actual loss. If the employer is at fault, you may claim the difference through a material and moral damages lawsuit.

How long do I have to file a compensation claim? As a rule, a ten-year limitation period applies to compensation claims arising from a workplace accident. To avoid delay, it is advisable to obtain legal support as soon as possible after the accident.

What should I do if the employer asks me to sign a resignation letter after the accident? Documents signed under pressure do not extinguish your rights, but always obtain legal advice before signing. Release-type documents can complicate your case.

Can I still claim compensation if my own carelessness contributed to the accident? Yes. The employee's fault generally reduces the amount of compensation, but where the employer breached its duty of care, your entitlement is not eliminated entirely.

How Mona Hukuk Can Help

Workplace accident and occupational disease cases demand technical, meticulous work in terms of fault assessment, expert calculation and SGK offsetting. At Mona Hukuk we support both local and foreign workers with the follow-up of SGK procedures, the filing of material and moral damages claims against employers, and the proper collection of evidence.

For a consultation in Antalya, you can write to contact@monahukuk.com or call +90 (242) 606 14 32.