What is a workplace accident?

What is a Workplace Accident? – Izmir Lawyer

Law No. 5510 Social Security and General Health Insurance Law’According to article 13 of [the law];

a) While the insured person is at their workplace,
b) If the insured person is working independently in their own name and on their own account due to work being carried out by the employer,
c) During the time spent by an insured person working for an employer, when they are sent to another location outside the workplace on official duty and are not performing their main job,
d) During the time allocated for breastfeeding a child insured under clause (a) of the first paragraph of Article 4 of this Law, in accordance with labor legislation,
e) During the insured persons' travel to and from the workplace using a vehicle provided by the employer,

It is an event that occurs and causes the insured person to become physically or mentally disabled, either immediately or later.

Causes of Workplace Accidents:

1. Examples of reasons stemming from the employee.

• Doing the job unconsciously,
• Absentmindedness and Inattentiveness
• Removing Machine Guards
• Working at a Dangerous Speed
• Doing work outside of one's duties
• Failure to Adhere to Work Discipline
• Not using the right machinery for the job.
• Being in a Dangerous Area Without Authorization or Permission
• Failure to Use Personal Protective Equipment
• Driving at a Dangerous Speed

2. Examples of Reasons Arising from the Employer

• Stacking at Dangerous Heights – Unclosed Gaps – Workplace Disorder – Unguarded Machinery and Equipment – Flammable and Explosive Materials
• Failing to provide workers with the necessary training regarding the job and the requirements of the workplace.
• Failure to provide necessary protective and preventive equipment and clothing related to the nature of the work.

Factors of Workplace Accidents

1. Being Insured

2. The Existence of an Accident

3. Worker Injury

4. The Existence of a Suitable Causal Link

Circumstances that Break the Causal Link:

1) Gross negligence of the worker

2) Gross negligence of a third party

3) Force majeure (Unforeseen and unavoidable circumstances)

What should be done when a workplace accident occurs?

The employer must immediately notify the competent law enforcement authorities of the area and the Social Security Institution (SGK) no later than three working days after the accident.,

As for the insured person, it is mandatory to notify the Social Security Institution (SGK) directly or by registered mail with a work accident notification form within three business days from the day their illness no longer prevents them from making the notification, provided that this period does not exceed one month.

If the workplace accident occurred in a location outside the employer's control, the notification periods begin from the date the workplace accident is learned of.

In order to determine whether the incident reported to the Institution constitutes an occupational accident, an investigation may be conducted, if necessary, by the Institution's officers authorized for inspection and control, or by the labor inspectors of the Ministry of Labor and Social Security. If, as a result of this investigation, it is determined that the information reported in writing is untrue and the incident is not an occupational accident, any payments made by the Institution for this incident will be recovered from those who made the false report, starting from the date of the payment.

Types of Disability

Temporary Incapacity for Work: It is the temporary inability of a worker to work due to physical or mental harm sustained as a result of a work accident or occupational disease.

Permanent Disability: Occupational injury or disease causes a permanent decrease in an employee's earning and working capacity due to physical or mental harm. For example, while a guitarist's working capacity decreases less when they lose a finger, their earning capacity in their profession decreases significantly.

Relevant Supreme Court Decisions:

Since washing facilities at a workplace, i.e., places where insured employees perform personal body hygiene, are considered part of the workplace, the court ruled that the place where the injured employee had to wash by entering a nearby stream was considered an annex to the workplace and that the incident in the stream was an occupational accident, as the employer had not provided special washing facilities for insured employees working and staying at the workplace overnight. (Supreme Court of Appeals, GHK, decision dated 6.07.2005, no. 2005/10-444, 2005/449)

The insured, who was a machine foreman and manager, gave the necessary instructions to the workers and then went towards the mine. His body was found in the stream approximately an hour later. His death was caused by a brain hemorrhage resulting from two blows to the forehead with a hammer. He walked 25 meters to the stream before his death. The autopsy report determined that the most likely cause of death was another person. The prosecutor's investigation could not clarify whether the incident was a suicide or a murder. According to this conclusion, any event that causes immediate or subsequent physical or mental harm to the insured while at the workplace will be considered an occupational accident for Social Security purposes, without any other conditions being required. (Supreme Court, 9th Civil Chamber, 78/8413E.)

Furthermore, just as the causes of workplace accidents are not examined, if a worker who leaves the workplace for work being carried out by the employer suffers an accident for any reason, this accident should also be classified as a workplace accident. (Supreme Court 21st Civil Chamber, 5.7.2004, 6443/6691)

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