Work accident injury compensation is the recovery from the employer, under TCO Art. 54, of the pecuniary loss suffered by the employee as a result of the violation of their bodily integrity. The claim is directed against the employer and any third parties at fault.
What is work accident injury compensation?
Once the work accident is established, the employee may, independently of the SGK, bring an action for pecuniary and non-pecuniary damages against the employer. Amounts paid by the SGK are offset on the basis of the İPSD (except in case of gross negligence).
Heads of claim
| Item | Description | Legal basis |
|---|---|---|
| Permanent incapacity | Loss of income based on the degree of permanent disability | TCO Art. 54/1 |
| Temporary incapacity | Loss of income during the recovery period | TCO Art. 54/2 |
| Caregiver costs | Dependence on the care of another person | TCO Art. 54/1 |
| Treatment costs | Private treatment and medication outside the SGK | TCO Art. 54/1 |
| Non-pecuniary damages | Pain suffered due to bodily harm | TCO Art. 56 |
How is the degree of disability determined?
Degree of disability in work accidents:
- After 01.09.2013: Regulation on Procedures for Determining Loss of Working Capacity and Occupational Earning Capacity (Regulation on Social Insurance Procedures).
- Before that: Regulation on Disability Determination Procedures.
The degree is determined by a report of the SGK Health Board or an authorized hospital. If the degree is below %10, permanent incapacity compensation does not arise as a rule (Court of Cassation criterion).
Calculation and example
Work accident with injury — sample calculation
| Age | 38 |
| Monthly gross income | 40.000 ₺ |
| Degree of disability | %28 |
| Employer's fault ratio | %70 |
| Remaining life expectancy (TRH-2010) | ~35 years |
| SGK capitalized value (İPSD) | −310.000 ₺ |
| Permanent incapacity compensation | ≈ 1.480.000 ₺ |
Caregiver costs, temporary incapacity and non-pecuniary damages are added separately.
Fault and contributory fault
The employer's fault is determined by an expert report in the action for determination of a work accident or in the compensation action. The employee's contributory fault (not using protective equipment, not following instructions, working under the influence of alcohol, etc.) is a ground for reducing the compensation.
Caution: The employee's contributory fault may be a ground for reducing not only pecuniary damages but also non-pecuniary damages.
Frequently asked questions
How is the degree of disability determined?
It is determined by the SGK Health Board or authorized hospitals under the Regulation on Loss of Working Capacity.
Can caregiver costs be claimed?
Yes. They can be claimed in case of a disability requiring continuous care.
Can compensation be obtained if the employer is not at fault?
Fault-based liability is the principle; however, liability under TCO Art. 66 may also be considered.
What is done if there is no SGK acceptance?
An action for determination of a work accident is brought first. The outcome of this action is a precondition for the compensation action.
Does contributory fault affect the compensation?
Yes, it is a ground for reducing both pecuniary and non-pecuniary damages.
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