Under Turkish Law, an event occurring at the workplace or due to the conduct of work that causes death or impairs physical or mental integrity is defined as a Work Accident (İş Kazası). Employees who suffer temporary or permanent incapacity, or surviving dependents in fatal cases, hold statutory rights to claim material and moral damages from the employer and responsible third parties.

I. Statutory Grounds Qualifying as Work Accidents

Pursuant to Article 13 of the Social Insurance and General Health Insurance Law No. 5510 under Turkish Law, the following events constitute work accidents:

  • Any incident occurring while the insured is physically present at the workplace,
  • Incidents occurring during work executed on behalf of the employer (including assignment periods outside the main workplace),
  • Incidents occurring during statutory nursing breaks allocated for female employees,
  • Incidents occurring during transportation to and from the workplace in vehicles provided by the employer.

II. Employer's Mandatory Reporting Obligation

Under Turkish legislation, employers must report a work accident to law enforcement immediately and to the Social Security Institution (SGK) **within 3 business days** following the incident. If the accident occurs outside the employer's direct control, the 3-day limit begins upon learning of the incident. If the employer fails to notify, the injured employee may submit the report directly.

III. Scope of Material Damages and Contributory Negligence

In addition to physical injuries such as loss of limbs or bodily harm, psychological or psychiatric conditions caused by a work accident qualify as personal injury under Turkish Law. Establishing a direct **causal link** between the accident and the resulting harm is mandatory.

Contributory negligence by the employee or a third party does not completely forfeit compensation rights unless it is so severe as to sever the causal chain entirely; however, damages are reduced proportionally to the employee's fault ratio.

IV. Actuarial Calculation Principles for Material Damages

Material damages resulting from work accidents are calculated under Articles 49 and 54 of the Turkish Code of Obligations (TCO). In accordance with current precedents of the Court of Cassation, calculations utilize the following parameters:

  • TRH-2010 Life Table: The remaining life expectancy of the injured worker is determined using the updated **TRH-2010 Life Table**.
  • Progressive Youth Discount Method (1.80%): Known period earnings are calculated at net salary, while future unknown period earnings apply the **1.80% discount rate Progressive Youth method** recognized by Turkish appellate courts.
  • Deduction of SGK Advance Capital Value: For disability ratios of 10% or higher, the advance capital value of permanent disability pensions granted by SGK is deducted from the calculated material compensation up to the employer's fault limit.

V. Subject-Matter Jurisdiction, Venue, and Exemption from Mandatory Mediation

Under Turkish Law, **Labor Courts hold exclusive subject-matter jurisdiction** over material compensation claims arising from work accidents.

Exemption from Mandatory Mediation: Pursuant to Article 3/3-a of the Labor Courts Law No. 7036, *material and moral compensation lawsuits arising from work accidents or occupational diseases are explicitly exempt from mandatory mediation*. Injured employees may file a lawsuit directly before the Labor Court.

Territorial Venue: Lawsuits may be initiated before the court of the plaintiff employee's domicile, the place where the accident occurred, the workplace location, or the defendant employer's domicile.

VI. Statute of Limitations

Under Article 146 of the TCO, material compensation lawsuits arising from work accidents are subject to a **10-year statute of limitations**. However, if the work accident constitutes a criminal offense under the Turkish Penal Code (reckless injury or homicide), the **extended criminal statute of limitations** applies if it prescribes a longer period.

Disclaimer: The information provided above is for general guidance purposes only and does not constitute formal legal advice. Consulting a qualified attorney for specific legal disputes is strongly recommended.