Definition of a Workplace Accident in Turkey: Legal Perspective by a Turkish Law Firm

Definition of a Workplace Accident in Turkey

Workplace accidents in Turkey are governed by both the Turkish Labor Law and the Social Security and General Health Insurance Law (Law No. 5510). These laws define what constitutes a workplace accident, the legal responsibilities of employers, and the rights of employees who suffer injury or illness as a result of their work. Failure to classify, report, and manage workplace accidents properly can lead to serious administrative penalties, insurance complications, and even criminal liability. Our Turkish Law Firm assists employers and employees in navigating workplace accident law—whether you’re filing a compensation claim, contesting a fault report, or defending against a criminal charge. An English speaking lawyer in Turkey can bridge the language and legal gap for expats, foreign companies, and international insurers operating within Turkish labor regulation. From the moment of the accident to post-investigation proceedings, documentation, timing, and legal compliance define liability and outcome.

What Is a Workplace Accident According to Turkish Law?

A workplace accident is defined as any incident that occurs at the workplace or during working hours, and which causes physical or mental harm to the employee. This includes injuries sustained during work-related travel, in company vehicles, or while carrying out employer-assigned duties outside the office. Under Article 13 of Law No. 5510, even accidents during breaks or on the employer’s premises can qualify. Our Turkish Lawyers review medical reports, witness statements, and employer logs to confirm legal definition applicability. As a best lawyer firm in Turkey, we prepare full legal documentation to support SGK notifications and worker compensation claims. We’ve also defended employers in cases where the event occurred outside typical work zones but was still deemed “work-related” under Turkish labor law. Company Lawyer Turkey teams coordinate with HR, occupational safety units, and insurers to manage legal classification risks proactively.

SGK Reporting Requirements and Insurance Coverage

All workplace accidents must be reported to SGK (Social Security Institution) within 3 business days of occurrence. Delays can result in administrative fines and loss of insurance rights for the employee. Our Turkish Law Firm prepares SGK reporting files, confirms medical documentation, and handles late report justifications. English speaking lawyer in Turkey support is critical when the employer is foreign or when the injured employee is an expat. We’ve managed time-sensitive filings after weekend incidents, public holidays, and remote work injury cases across multiple sectors. Employers who fail to report risk both labor audits and compensation liabilities. Criminal Defence Lawyer in Turkey teams step in when accident concealment leads to fraud or obstruction charges under the Penal Code.

Employer Responsibilities Under Occupational Safety Law

Employers are legally required to assess risks, provide PPE (personal protective equipment), deliver safety training, and document safety measures. Law No. 6331 on Occupational Health and Safety imposes compliance and documentation burdens that often go overlooked. Our Turkish Lawyers audit safety policies, site logs, and training attendance records for compliance. Company Lawyer Turkey provides legal integration for employer risk strategies, especially in manufacturing, logistics, and construction sectors. As a best lawyer firm in Turkey, we also assist SMEs in preparing safety checklists, site audits, and emergency protocols. English speaking lawyer in Turkey services are vital in multinational workplaces where documentation must be consistent across jurisdictions.

When Is the Employer Criminally Liable for an Accident?

If a workplace accident results in death or severe injury, prosecutors may open a criminal investigation against the employer, site managers, or safety personnel. Charges may include negligent homicide, injury through omission, or violation of safety regulations. Our Criminal Defence Lawyer in Turkey defends clients in both labor and criminal court by demonstrating compliance, lack of causation, or intervening events. We also provide emergency representation during police questioning and site seizures. Turkish Law Firm legal counsel ensures that clients provide statements in a way that avoids unintended self-incrimination. Read: Workplace Liability in Substance-Linked Incidents.

Medical Reports, Witness Statements, and Evidence Gathering

The burden of proof in workplace accident claims rests largely on documentation. Medical reports must be issued within a narrow time frame and supported by SGK-approved facilities. Witness statements should be taken promptly, accurately, and signed. Our Turkish Law Firm prepares full evidence packages including CCTV footage, expert inspections, and injury diagrams. English speaking lawyer in Turkey support is vital when preparing international reports for global insurers. Company Lawyer Turkey helps coordinate multidisciplinary reports—legal, HR, medical, and technical—to ensure nothing is missed or invalidated in court. We’ve successfully defended against exaggerated injury claims by leveraging CCTV, time logs, and biometric entry data.

Temporary vs. Permanent Disability and Compensation Rights

When an employee is injured at work, the level of disability—temporary or permanent—determines the scope of compensation. Temporary disability may result in short-term wage reimbursement through SGK, while permanent disability entitles the worker to lump-sum or monthly compensation. Our Turkish Law Firm works with SGK-approved doctors and independent medical panels to challenge unfair disability ratings. English speaking lawyer in Turkey experts assist foreign employees in understanding Turkish compensation entitlements and appeal mechanisms. We’ve secured full compensation for clients misclassified as temporary disability cases despite long-term functional loss. Company Lawyer Turkey support ensures that employer SGK filings reflect accurate work accident coding, especially when complications arise later.

Death at the Workplace: Legal Path for Families

When a worker dies due to a job-related incident, the employer may face civil lawsuits, SGK claims, and criminal prosecution. Surviving family members can demand death pensions, compensation for emotional suffering, and legal guardianship protections. Our Criminal Defence Lawyer in Turkey defends employers by demonstrating safety measures, lack of negligence, or force majeure events. We also represent families in maximizing compensation by preparing economic loss models and dependency documentation. Turkish Lawyers handle court filings, media contact strategies, and enforcement actions against non-paying employers. For more: Worker Deaths and Cross-Border Employment Risk.

Expert Reports and Forensic Technical Investigations

Most serious workplace accident cases require technical expert review—especially when liability is contested. Court-appointed experts examine machinery, site layout, training records, and causal links. Our Turkish Law Firm prepares clients for site inspections, gathers pre-litigation reports, and challenges one-sided expert opinions. English speaking lawyer in Turkey ensures multinational companies present documentation in a format usable by Turkish experts. Company Lawyer Turkey integrates legal, technical, and insurance teams to create a cohesive litigation record. We’ve reversed expert findings through cross-examination and conflicting private expert evidence.

Psychological Trauma and Mental Health Claims

Employees may also claim emotional distress or PTSD after accidents, especially those involving violence, death, or trauma. Turkish labor courts recognize psychological impact if certified by official psychiatric evaluation. Our Turkish Lawyers work with forensic psychologists and psychiatrists to support or challenge mental health claims. We’ve defended employers where the injury was minor but psychological damage claims were disproportionately high. Criminal Defence Lawyer in Turkey also files defense strategies against emotional harm in penal proceedings involving workplace violence. Learn more: Psychological Injury and Penal Code Liability.

Employer Liability in Subcontractor and Temporary Worker Injuries

Even if the injured worker is not directly employed, the principal company may still bear responsibility. Joint employer status arises if the accident occurs on the principal’s premises or under their operational control. Our Company Lawyer Turkey reviews subcontractor contracts, site control records, and operational flow to assess real exposure. Turkish Law Firm prepares defense statements and cross-claims against negligent subcontractors. English speaking lawyer in Turkey support ensures cross-border temp agency and contractor agreements align with Turkish joint liability law. See: Personnel Documentation Risk in Outsourced Labor.

Insurance Coverage and Employer Reimbursement Rights

Employers with occupational insurance may file reimbursement claims if a third party caused the accident. SGK also seeks recourse from employers if workplace safety rules were not followed. Our Turkish Lawyers coordinate with insurers, SGK, and finance teams to manage premium levels, claim submissions, and payment delays. Company Lawyer Turkey helps draft compliant insurance protocols and workplace safety warranties. We’ve reduced SGK recourse claims by proving that employee negligence—not employer failure—was the primary cause. Learn how to avoid liability shifts: Third Party Misconduct & Corporate Liability.

Preventive Legal Strategy for Workplace Safety

The best defense is always prevention. Our Turkish Law Firm audits workplace safety protocols, training records, PPE distribution logs, and risk assessment reports. We provide legal training to safety officers, HR staff, and production managers. English speaking lawyer in Turkey teams conduct multilingual sessions for expat-heavy workplaces. Company Lawyer Turkey develops legal risk matrices and court-proof documentation systems. As a best lawyer firm in Turkey, we turn compliance into proactive defense, not just a paperwork task.

Strategic Summary: How to Legally Prepare for Workplace Accidents

Workplace accidents are not only physical events—they are legal risk triggers. Employers must be audit-ready, process-aligned, and policy-consistent. Our Turkish Law Firm ensures clients have legally defensible training, documentation, and compliance structures. English speaking lawyer in Turkey services guarantee multilingual communication and global HR standards. Criminal Defence Lawyer in Turkey teams act when fatalities or serious injuries prompt prosecution. As a best lawyer firm in Turkey, we deliver legal continuity from prevention to defense. Company Lawyer Turkey support helps translate legal requirements into board-level risk maps and executive decisions.

Frequently Asked Questions (FAQs)

  • What is the legal definition of a workplace accident in Turkey? Any physical/mental injury during work, travel, or employer activity. SGK & Labor Law apply.
  • What if the accident happened off-site? It still counts if work-related. We prove employer connection.
  • How soon must I report to SGK? Within 3 business days. We handle late report justifications.
  • Can I get sued if the worker caused the accident? Yes, but we defend via causation and documentation.
  • Is there a criminal risk? Yes, under Penal Code. See: Workplace Substance Incident Defense.
  • Can I file for insurance reimbursement? Yes. We coordinate legal and financial submissions.
  • Are foreign companies at more risk? Sometimes. Ask an English speaking lawyer in Turkey.
  • Can I be fined for missing training? Yes. Company Lawyer Turkey teams design full compliance programs.
  • What if CCTV shows fake injury? We use footage in defense. See: Legal Use of CCTV in Court.
  • Is psychological harm valid? Yes, if certified. We challenge overstatements.
  • Can subcontractor injuries affect me? Yes, under joint liability. We defend with contract and control records.
  • Who is the best lawyer firm in Turkey for workplace injury law? Istanbul Law Firm—compliance, defense, and litigation under one roof.

Contact Our Turkish Law Firm

If you’re dealing with a workplace accident—reporting, investigation, or litigation—our Turkish Lawyers are ready. From SGK filings to criminal defense, we manage the full legal cycle. Company Lawyer Turkey support prepares your policies. Criminal Defence Lawyer in Turkey teams act fast in prosecutor proceedings. With English speaking lawyer in Turkey access, international firms trust us with HR-critical situations. Contact Istanbul Law Firm—the best lawyer firm in Turkey for workplace risk management.