Lawyer in Turkey: Industrial Accidents in Turkey

Friday, September 14, 2012

Industrial Accidents in Turkey

Turkey is listed as number 3 in the list of the countries with the most common industrial accidents. In 2010 the International Labour Organization (ILO) determined 62.903 industrial accidents, 1000 with a deadly end. Due to number of accidents the Ministry of Labour and Social Affairs changed the law regarding the health and security of the employees. The new law has higher penalties and measurements against employers in case of industrial accidents and the government will inspect more frequently.

For an employee it is important to work in a secure environment. In case of an industrial accident, the employer needs to inform the local public prosecutor or the gendarme about this matter. When the employer does not fulfill this obligation, the employee is also authorized to inform these authorities. The situation must then be presented to the Social Security Organization (SGK) by sending a petition. The inspectors of the SGK will inspect the workplace and will judge if the accident was indeed an industrial accident or not. It is obligatory that the related employee is also at the inspection, if the health situation is permitting. If the related employee is not able to attend the inspection, colleagues / witnesses must attend for a correct result and progress of the inspection.

The employee has the right to a recovery/rest period that the Social Insurance Organization (SGK) will give. Within this period the employee can not be fired. In case the recovery/rest period lasts more then 6 weeks, the employee can only be fired by giving him a compensation or damage restitution. The employee has the right to claim material and immaterial damage restitution from the accident damage causer. It is therefore advisable to consult a specialized lawyer (industrial accident and damage claim).

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