Work Accident Compensation: Your Rights and Application Process

This guide is written for Turkey and is for general information; outcomes depend on fault, evidence, SGK assessment, and the specifics of the employment relationship.

What is a “work accident”?

In practice, cases move through SGK’s reporting and assessment process, which frames how an incident is treated as an occupational accident and how benefits are processed.

1) What to do immediately after a work accident

A) Health first (first hours)

• Seek emergency care and secure medical records (ER report, epicrisis/discharge report, prescriptions, invoices).

B) Preserve evidence

• Photos/videos, equipment condition, witness names, and requesting preservation of CCTV footage are crucial.

2) Reporting to SGK and key deadlines

SGK guidance emphasizes that work accidents should be reported to SGK within 3 business days (typically by the employer) and that reporting can be done via the “Work Accident and Occupational Disease Notification” form/declaration.

3) Your rights: two separate tracks

(I) Social security benefits from SGK (not “damages”)

Depending on conditions, SGK may provide:

• Temporary incapacity payments (sick leave/medical report payments).

• Permanent incapacity income (based on loss of earning capacity; SGK also publishes calculation logic examples).

• Death income to eligible dependants.

• Funeral allowance.

• Marriage allowance for eligible female dependants under certain conditions.

(II) Civil damages against the employer (material & moral damages)

If employer fault/omissions exist, a separate civil claim may arise (loss of earning capacity, care costs, additional expenses, loss of support in death cases, and moral damages). Evidence and fault allocation are decisive.

4) Why OHS duties matter

Under Turkey’s OHS Law (6331), employers have duties such as conducting risk assessments; failures can be relevant when fault is assessed.

5) Practical application roadmap

• Collect evidence and medical documentation early.

• Verify SGK reporting and the status of SGK’s “work accident” recognition.

• Prepare fault analysis, disability evaluation, and actuarial calculation with expert support for civil claims.

6) Is mandatory mediation required?

Turkey’s Labour Courts Law (7036) states that mandatory mediation does not apply to material and moral compensation claims arising from work accidents/occupational diseases (and related actions).