The compensation process following an occupational accident (iş kazası) may cause the worker or their relatives to lose significant rights if it is not carried forward with the correct steps from the very first moment of the accident. Article 13 of Law no. 5510 on Social Insurance and Universal Health Insurance makes it compulsory for the employer to notify an occupational accident to the Social Security Institution (SGK) within 3 working days. In this article we examine, on the basis of the current legislation, the steps that must be taken after an occupational accident in order to prevent a loss of rights, the heads of compensation and the way the process operates.
- The employer is obliged to notify the occupational accident to the SGK within 3 working days (Law no. 5510, art. 13); where the accident occurred in a place outside the employer’s control, the period runs from the date on which it was learned of.
- In accidents involving death or serious injury, immediately informing the law enforcement authorities is a separate obligation.
- In actions for pecuniary and non-pecuniary damages arising from an occupational accident, the statute of limitations (zamanaşımı) is, as a rule, 10 years from the date on which the accident occurred or on which the disability became final (TBK m.72, BK m.146).
- Early identification of the accident site, of witness details and of occupational safety shortcomings directly affects the strength of proof in the compensation action that follows.
- Income and benefits received from the SGK are set off against the compensation to be claimed from the employer; for that reason the two processes do not run independently of one another.
What Are the First Steps to Be Taken at the Moment of an Occupational Accident?
Immediately after the accident the priority is medical treatment of the injured person; the scene should then be photographed, altered as little as possible, witnesses should be identified and any camera recordings should be requested. These documents form the basic foundation for proving the employer’s fault in the compensation action to be brought later.
The first examination report obtained from the workplace physician or the nearest health institution is one of the most important documents showing the link between the injury and the accident. Care should be taken that the date of this report is consistent with the date of the accident.
Steps to Be Taken After an Occupational Accident
A worker or their relatives who wish to prevent a loss of rights should act by following a particular order from the moment of the accident; each of these steps directly affects the strength of the compensation action to be brought at the next stage.
1. First Aid and Medical Treatment
Removing the danger to the injured person’s life is always the priority; the records drawn up while the person is being transported by ambulance or to the nearest health institution officially document the date and time of the accident.
2. Preserving the Scene and Securing Evidence
If possible the scene should be photographed without being altered, and where there is a machine, a piece of equipment or a missing safety measure connected with the accident, this should be recorded visually. Since physical evidence may be lost over time, it is important that this step be completed on the day of the accident.
3. Collecting Witness Details
The names and contact details of colleagues who witnessed the accident should be noted; witness statements become the basic foundation of proof, particularly where no accident report has been drawn up.
4. Following Up the SGK Notification
The worker or their relatives should follow up whether the employer has complied with the 3-working-day notification obligation and, if necessary, should apply directly to the SGK to make sure that the process is under way.
5. Keeping the Medical Records
A copy of all documents relating to treatment, medical reports, discharge summaries and the disability assessment should be kept; these documents are used again and again both in the SGK process and in the compensation action.
6. Obtaining Legal Advice
So that the limitation period, the degree of fault and the heads of compensation can be calculated correctly, having the file assessed by a lawyer at an early stage prevents losses of rights that may emerge at the later stages of the process.
Which Situations Count as an Occupational Accident?
Article 13 of Law no. 5510 sets out the situations regarded as an occupational accident in five exhaustive sub-paragraphs: events that cause the insured person bodily or mental harm and that occur while the insured person is at the workplace, because of the work being carried out by the employer, during the time spent without performing their actual work while being sent elsewhere on assignment by the employer, during the time allowed to a nursing insured woman to breastfeed her child, and during collective transport to and from the place where the work is performed in a vehicle provided by the employer, are regarded as occupational accidents.
In situations where it is disputed whether the case falls within the scope of this definition (for example an accident occurring during a journey made outside the workplace but for work purposes), an assessment must be made on the basis of the specific facts as to which sub-paragraph the event may be linked to. Where the SGK or the court does not characterise the event as an occupational accident, a separate legal challenge may be pursued against that decision.
How Does the Employer’s Obligation to Notify the SGK Operate?
Under article 13 of Law no. 5510 the employer must notify the occupational accident to the SGK within 3 working days following the accident; where the accident occurred in a place outside the employer’s control, this period runs from the date on which the event was learned of (Law no. 5510, mevzuat.gov.tr). Where no notification is made, an administrative fine is imposed on the employer and the payments made by the SGK may be recovered from the employer by way of recourse.
If the worker or their relatives notice that the employer has not given notification, they may start the process themselves by applying directly to the SGK or to the law enforcement authorities. Since a delay in notification may also delay the worker’s access to their insurance rights, it is important that this step be followed up.
| Obligation | Period | Legal basis |
|---|---|---|
| Notification to the SGK | 3 working days | Law no. 5510, art. 13 |
| Notification to law enforcement (death/serious injury) | Immediately | Law no. 5510, art. 13 |
| Limitation period for a compensation action | 10 years | TBK m.72 / BK m.146 |
| Administrative fine if no notification is made | Fixed amount updated annually | Law no. 5510, art. 102 |
| Limitation period for a non-pecuniary damages action | 10 years (general tort limitation period) | TBK m.72 |
What Is the Limitation Period in an Occupational Accident Compensation Action?
In actions for pecuniary and non-pecuniary damages to be brought because of an occupational accident, the limitation period is 10 years from the date on which the accident occurred; where a disability has arisen as a result of the accident, this period begins to run from the date on which the disability became final. If the accident also constitutes a criminal offence and the limitation period for prosecution under the criminal law is longer, that longer period may also be applied to the compensation action.
Calculating the limitation period correctly prevents the risk that an action brought late will be dismissed. If there is any doubt about the calculation, it is advisable to have the file assessed by a lawyer at an early stage; you may also use our limitation period calculation tool for the calculation.
What Heads of Compensation Make Up Occupational Accident Compensation?
Article 54 of the Turkish Code of Obligations (TBK m.54) lists the heads of compensation for bodily harm resulting from an occupational accident as treatment costs, loss of earnings, losses arising from the reduction or loss of working capacity, and losses arising from the impairment of economic prospects. These heads are calculated independently of one another and each of them may require separate documents and a separate expert examination.
Treatment Costs and Loss of Earnings
Treatment costs mean the health expenditure not covered by the SGK; loss of earnings means the loss of wages for the period during which the worker was unable to work while recovering. In order for these heads to be claimed, documents such as invoices, prescriptions and incapacity for work reports must be kept in full.
Permanent Incapacity for Work and Impairment of Economic Prospects
Where a permanent disability has arisen as a result of the accident, the reduction in the worker’s future earning capacity is determined by an expert report, and this loss is calculated on the basis of the loss of income the worker will suffer throughout their working life. This calculation varies according to variables such as the worker’s age, degree of disability and occupational situation.
Loss of Support and Non-Pecuniary Damages
Where the occupational accident has resulted in death, the spouse and children of the deceased worker, and any other persons they were obliged to support, may claim compensation for loss of support (destekten yoksun kalma tazminatı); this compensation corresponds to the financial support the deceased provided to their relatives during their lifetime. Non-pecuniary damages (manevi tazminat), on the other hand, are assessed separately and independently of the pecuniary loss, on the basis of the pain and distress the accident caused to the worker or their relatives.
Illustrative example: Consider a worker whose hand is caught in a machine while working at a production facility and who obtains a disability report with a permanent 20% incapacity for work rate; that worker may claim pecuniary damages separately both for past treatment costs and loss of earnings and for the future loss of working capacity, and may in addition claim non-pecuniary damages for the pain and distress suffered. This example is entirely illustrative; it does not relate to a real event or to a client.
How Is the Employer’s Fault Determined?
Whether the employer has complied with the obligations arising from the occupational health and safety legislation to take precautions, to provide training and to supply the necessary equipment is established by the expert reports drawn up after the accident. The degree of fault is apportioned according to the responsibility of the worker, of the employer and of any third parties, and directly affects the amount of compensation.
The labour inspector’s report, the SGK inspector’s report and, where there is one, the investigation file of the public prosecutor’s office are the principal sources for establishing the employer’s fault. Requesting a copy of these documents speeds up the preparatory stage of the action for the worker or their relatives; throughout the process you may obtain general information from our employment law practice area. The current rules on occupational health and safety legislation can be reached from the official website of the Ministry of Labour and Social Security (Çalışma ve Sosyal Güvenlik Bakanlığı).
The Role of the Expert Report
The occupational safety expert appointed by the court examines the technical conditions at the accident site, the measures that were or were not taken and compliance with the relevant legislation, and determines the degrees of fault as percentages. This report is the technical basis the court relies on most in calculating the amount of compensation, and it may be challenged by the parties.
The Worker’s Contributory Fault
Where the worker’s failure to follow the instructions given to them, failure to use the protective equipment provided, or carelessness has contributed to the accident, this is assessed as contributory fault (müterafik kusur) and the amount of compensation is reduced in that proportion. Contributory fault does not remove the employer’s fault; it only affects how the compensation is apportioned.
How Is Income Received from the SGK Set Off Against the Compensation?
The SGK awards permanent incapacity for work income, or in the event of death survivors’ income, to the insured person who has suffered an occupational accident or to the beneficiaries; these payments are set off against the pecuniary damages to be claimed from the employer. The set-off is carried out in order to prevent double compensation being paid, and it is a separate technical heading in the compensation calculation.
Non-pecuniary damages are assessed separately and independently of the SGK payments and are not subject to set-off. To see the amount of your temporary incapacity for work benefit you may look at our temporary incapacity for work calculation tool.
What Is the Difference Between an Occupational Disease and an Occupational Accident?
Article 14 of Law no. 5510 defines an occupational disease (meslek hastalığı) as a temporary or permanent illness, bodily or mental disability suffered by the insured person for a repeated reason arising from the nature of the work performed or because of the conditions in which the work is carried out; an occupational accident, by contrast, occurs through a sudden and external event. This distinction matters for determining the starting date of the limitation period and the method of proof in the compensation action.
Since in an occupational disease the harm generally emerges over a long period, the report of the SGK Health Board plays a decisive role in establishing the connection between the illness and the work. The process of obtaining this report may take longer than in occupational accidents and generally requires a separate administrative application.
The same heads of pecuniary damages, non-pecuniary damages and compensation for loss of support apply in compensation actions brought because of an occupational disease; the starting point of the limitation period, however, is determined separately on the basis of the date on which the connection between the illness and the work was established or became final in the eyes of the SGK. This difference is the main reason why occupational disease files require a longer preparatory process than occupational accident files.
How Does Employer’s Liability Insurance Affect the Compensation?
Employers may voluntarily take out employer’s financial liability insurance against the legal liability that may arise from occupational accidents and occupational diseases; this insurance is not compulsory but is widely preferred. The insurance company covers the compensation the employer must pay within the limits of the policy; this does not change the existence or the amount of the worker’s compensation claim, it only affects who makes the payment. For the course to follow where the insurance company refuses to pay, you may look at our separate article.
When the income awarded by the SGK and the payments made under the employer’s liability insurance are assessed together, set-off rules may be applied in order to prevent double payment. The scope and limits of the insurance policy are a point that must always be examined before proceedings are brought. Where the dispute cannot be resolved with the insurance company, the possibility of applying to the Insurance Arbitration Commission (Sigorta Tahkim Komisyonu) may also be considered.
What Should Be Done If the SGK Does Not Treat the Event as an Occupational Accident?
As a result of the notification made and the examinations carried out, the SGK may not accept the event as an occupational accident; in that case the insured person or the beneficiaries may first pursue the internal objection route against the SGK’s refusal decision and, if no result is obtained, may bring an “action for a declaration of an occupational accident” before the labour court. Since the declaratory action forms the basis of the subsequent compensation action, it is of great importance that this stage be conducted in accordance with the proper procedure.
In the declaratory action the court assesses, together with witness and expert evidence, whether the event corresponds to one of the situations listed in article 13 of Law no. 5510. If this action succeeds, the insured person begins to benefit from the income and benefits provided by the SGK, and the compensation action to be brought against the employer may also be based on that declaration.
How Does a Criminal Investigation After an Occupational Accident Affect the Compensation Action?
Where the occupational accident constitutes an offence such as negligent injury or causing death by negligence, the public prosecutor’s office opens an investigation of its own motion; the expert reports and statements in that investigation file may also be used as evidence in the compensation action before the civil court. The criminal court’s finding of fault and a final conviction may bind the civil judge in certain respects.
Waiting for the criminal proceedings to conclude does not prevent the compensation action from being brought; however, submitting the evidence in the criminal file to the compensation action provides strong support in terms of proof. The parties should assess the preliminary issue relationship between the two sets of proceedings according to the specific circumstances of the file. The current case law on the subject can be reached from the decision search system of the Yargıtay (the Court of Cassation).
In practice the civil court may conclude the compensation action without waiting for the criminal proceedings to become final; however, in order to avoid contradictory decisions on the assessment of fault, courts generally follow the outcome of the criminal file closely. For that reason, notifying each court of the case numbers and the courts of the two files is important for the sound progress of the process.
What Will the Other Side Do?
In a dispute it is not enough to know only the strength of your own position; the other side also has a defence strategy of its own, and being prepared for that strategy in advance largely determines how the process will unfold. The defences below are typical objections frequently encountered in files of this kind; which of them will arise in your file depends on the documents you hold and on the sequence of events.
The event does not count as an occupational accident; it resulted from personal fault.
The SGK report, witness statements and the workplace accident records show whether the event counts as an occupational accident within the scope of article 13 of Law no. 5510. Whether the accident occurred during the performance of the work or entirely for a personal reason is decisive in this assessment.
There is no fault on the employer’s part; all necessary measures were taken.
Occupational safety specialist reports, risk assessment documents and training records are submitted by the other side. The worker’s side responds with photographic and witness evidence showing missing equipment or a lack of supervision. The degree of fault is generally determined by an expert examination.
The compensation claim is time-barred.
The date of the accident or the date on which the disability became final is clarified through SGK and hospital records, and the starting point of the ten-year period is determined accordingly. Where there is a criminal investigation, that process may additionally affect the calculation of the limitation period.
The income received from the SGK covers the loss, so an additional claim is unfounded.
The difference between the SGK income and the actual loss is calculated by an expert report; the amount remaining after set-off may be claimed. Non-pecuniary damages are assessed separately, outside this set-off calculation.
Which of these defences comes to the fore varies according to the specific circumstances of the file, the documents you hold and the order in which the events occurred. In some files the other side concentrates on a single defence, while in others several objections are raised together. For that reason, gathering the evidence that will neutralise a possible defence in advance, before moving on to the litigation or enforcement stage, directly affects the course of the process. To assess in advance which defence your file will meet, you may get in touch.
Frequently Asked Questions
Within how many days must an occupational accident be notified to the SGK?
The employer must notify the accident to the SGK within 3 working days; if the accident occurred outside the employer’s control, the period runs from the date on which it was learned of.
What happens if the employer does not give notification?
An administrative fine may be imposed on the employer and the payments made by the SGK may be recovered from the employer by way of recourse; the worker may also apply to the SGK directly.
Until when can an occupational accident compensation action be brought?
As a rule the limitation period is 10 years from the accident; in the case of disability this period begins to run from the date on which the disability became final.
Can a worker who receives income from the SGK also claim compensation?
Yes, but the income received from the SGK is set off against the pecuniary damages to be claimed from the employer; non-pecuniary damages are not subject to this set-off.
Can an action be brought if no accident report was drawn up?
Yes, but proof may become more difficult; other evidence such as witness statements, SGK records and medical reports gains importance in that situation.
Is the compensation reduced if the worker is at fault?
Yes; where there is contributory fault on the worker’s part, the amount of compensation may be reduced according to the degree of fault.
Can a worker who has suffered an occupational accident also receive severance pay?
Yes; if the employment is terminated for just cause on health grounds because of the occupational accident (İş K. m.24/I), the right to severance pay (kıdem tazminatı) arises, and this right is assessed separately and independently of the occupational accident compensation.
Does failure to use protective equipment make the worker at fault?
The employer’s failure to provide protective equipment and to supervise its use is, as a rule, regarded as the employer’s fault; the worker’s knowingly failing to use the equipment provided may be assessed as fault on the worker’s part.
For the situations in which a worker who leaves after terminating for just cause following an occupational accident becomes entitled to severance pay, or in which it is not paid, you may look at our article on severance pay, and for the conditions and time limits of the reinstatement process at this article.
Table of Time Limits
| Time limit | How long | Starting point |
|---|---|---|
| Notification of an occupational accident to the SGK | 3 working days | From the date on which the occupational accident occurred |
| Limitation period for a compensation action | 10 years | From the date on which the occupational accident occurred |
| Limitation period for a compensation action (in the case of disability) | 10 years | From the date on which the disability became final |
Sources
- Legislation Information System (mevzuat.gov.tr)
- Ministry of Labour and Social Security
- Insurance Arbitration Commission
- Yargıtay Decision Search System
Related Articles
- Compensation for Loss of Support: Who Can Claim It and How Is It Determined?
- If the Insurance Company Refuses to Pay: Arbitration or Court?
- In Which Situations Is Severance Pay Not Paid? (2026)
- Reinstatement Action 2026: Conditions, Time Limits, Mediation
- Withdrawal and Expulsion from a Limited Liability Company
- The Obligation to Retain a Lawyer in a Joint Stock Company (2026)
This article is for general information purposes and does not take the place of legal advice. Your particular situation requires a separate assessment of your own file.
This article was prepared on the basis of the legislation in force as at 17.09.2026.
Av. Mehmet İlker Dinç
Insurance Law, Compensation Law, Employment Law, Corporate Law, Corporate Advisory
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