Temporary incapacity compensation is the redress of the loss of income a person suffers for the days they cannot work during the recovery period after an accident. It differs from permanent incapacity in that it covers a temporary, not lasting, period.
What is temporary incapacity?
Under TCO Art. 54/2, in case of bodily harm, the loss of earnings arising from the reduction or loss of the person's capacity to work is compensated. During the recovery period, the person suffers a loss of income for the days they actually cannot work. This period is documented by medical reports.
Who can claim?
- Employees: For the days on which they do not receive a salary from the workplace.
- Self-employed / tradespeople: For the loss of earnings during the period in which they cannot attend to their business.
- Those using paid leave: Even if their wage has been paid, a limited claim is possible to the extent that their leave entitlement is reduced.
- The unemployed: The Court of Cassation also accepts temporary incapacity for the unemployed on the basis of the minimum wage.
How is the period determined?
The temporary incapacity period:
- Hospital medical rest reports,
- Treatment records and epicrisis,
- is determined by these and a Forensic Medicine report (if required).
Physical therapy and rehabilitation periods may also be assessed within this scope. The total temporary incapacity period is found by adding up the numbers of days in the reports.
Calculation
Temporary incapacity — example
| Monthly net income | 24.000 ₺ |
| Daily income | 800 ₺ |
| Number of days on medical report | 90 days |
| SGK allowance (capitalized) | −12.500 ₺ |
| Temporary incapacity compensation | ≈ 59.500 ₺ |
For the self-employed, income is proven with the tax registration certificate and bank records.
SGK offset
The temporary incapacity allowance paid by SGK is deducted from compensation on the basis of its initial capitalized value (Law No. 5510 Art. 21, KTK Art. 98). However, since a wage ceiling is applied when calculating the SGK allowance, a significant difference remains after the offset for those with high actual income.
Note: If no temporary incapacity allowance has been received from SGK or no application has been made, no offset applies either; however, this situation is examined separately in Court of Cassation review.
Frequently asked questions
Is the SGK allowance offset?
Yes. The temporary incapacity allowance paid by SGK is offset on the basis of its initial capitalized value.
How are days on medical leave determined?
It is determined by hospital medical rest reports, treatment records and, where necessary, a Forensic Medicine report.
What if there is lasting disability after recovery?
Permanent incapacity compensation is claimed separately; the temporary and permanent items are independent of each other.
Can the self-employed claim?
Yes. Income is proven with the tax registration certificate, bank records and professional documents.
I had an accident while unemployed. Can I claim?
Yes. The Court of Cassation also awards temporary incapacity compensation to the unemployed on the basis of the minimum wage.
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