What to Do in Case of an Occupational Injury in Turkey: A Practical Guide for Employees and Employers

Issues related to occupational injuries occupy a prominent place in labor relations in Turkey. They concern not only the protection of employees’ interests but also define companies’ obligations to ensure workplace safety. Turkish legislation — in particular Article 13 of Law No. 5510 on Social Insurance and General Health Insurance — together with judicial practice, regulates this matter in detail.

Conditions for recognition as an occupational injury

For an incident to be recognized as an occupational injury, the following conditions must be met: the worker must be covered by insurance, there must be harm to health, the incident must occur during working hours or while performing work duties, and a causal link between the incident and professional activity must be established.

What constitutes an occupational injury?

An occupational injury is any physical harm sustained by an employee while performing work duties. It may result from a sudden accident or from prolonged exposure to harmful workplace factors. It is essential that there is a direct connection between the incident and the work activity, and that the employee is officially insured.

Situations covered as occupational injuriesIn Turkey, occupational injuries are not limited to accidents that occur directly on the workplace premises.

Examples that may qualify include:

• Injuries sustained during business travel;

• Harm occurring while carrying out an employer’s assignment outside the office;

• Accidents on the commute to or from work when transport is provided by the employer;

• Injuries suffered by women during breastfeeding breaks, where protective provisions apply.

Foreign nationals legally employed in Turkey hold the same compensation rights as local workers.

Case law: practical examplesTurkish courts generally adopt a broad approach when defining occupational injuries. Cases recognized as work-related have included suicide on company premises, injuries occurring in the canteen or rest areas, and heart attacks during duty. Even when the precise cause of death or injury is not definitively established, courts often rule in favor of the worker if the incident occurred within the scope of work activities.

Conversely, incidents unrelated to performance of duties (for example, injuries after corporate social events or during personal activities) are typically not covered by the law.

Employer liability

Employers are required to provide safe working conditions, conduct regular safety briefings and training, supply personal protective equipment, and comply fully with occupational health and safety requirements. Failure to meet these obligations may result in significant legal liability.

What to do when an industrial accident occursIf an accident occurs at the workplace, follow this procedure:

• Provide first aid to the injured person and call emergency services (e.g., 112) if needed.

• Record the circumstances of the incident, collect witness statements, and prepare an official incident report.

• Notify the police or gendarmerie as appropriate, and inform the Social Security Institution (SGK) and the Ministry of Labour within the statutory timeframes.

• Prepare and retain all necessary documentation, including medical reports and technical reports regarding equipment condition.

• In cases of severe consequences or death, forward the file to the public prosecutor’s office.

Practical advice after an incident

• Complete all official forms carefully and accurately.

• Verify that the injured person’s documents are present and up to date.

• Consult a lawyer or an occupational health and safety specialist.

• Be prepared for possible inspections by SGK and the Ministry of Labour.

• Ensure all documents are properly prepared and submitted on time.

Types of claims and compensationAn injured worker or their relatives may pursue various claims:

• Criminal proceedings may be initiated if there are signs of legal violations.

• Material (economic) compensation covers medical expenses, lost earnings and other financial losses.

• Moral (non‑pecuniary) compensation may be sought for physical and emotional suffering.

• SGK may bring a recourse (regression) claim against the employer if the employer failed to meet insurance or safety obligations.

How the compensation process works

• Collect all evidence first: medical certificates, receipts, witness statements, etc.

• Prepare a detailed claim petition describing the demands and attaching all documents.

• File the claim in the labour court with jurisdiction at the place of work, the place of the incident, or the employer’s registered address.

• During proceedings both parties present arguments, witnesses are heard, and the court issues a decision.

• The statute of limitations for such claims in Turkey is 10 years.

Who may file a claim and which court to approach

The right to file a claim belongs to the injured worker and, in cases of severe injury or death, to close relatives. Cases are typically heard by labour courts at the location of the workplace, the incident, or the employer’s registration.

ConclusionTurkey’s compensation system for occupational injuries is designed to protect workers and their families. Legislation provides a broad range of guarantees and mechanisms for obtaining fair compensation. To resolve such disputes successfully, it is essential to know your rights, follow required procedures, and consult specialized legal professionals when necessary.

Disclaimer

This material is prepared for informational purposes only. For resolution of specific cases, consult specialists in Turkish labor law.