According to the provisions of individual labor law (private law), compensation cases that employers may face as a result of an accident at work are summarized below under three headings.
1) RECOURSE COMPENSATION
The Social Insurance Agency has the right to file a claim for compensation for the amount of benefits it makes to the insured (employee) as a result of an accident at work. A claim for recourse damages is filed in order to make the amount of damages previously covered by the SSK (Social Insurance Agency) pay to the defective employer or third parties of the Social Insurance Law.
SSK provides all kinds of health assistance to the worker who is damaged as a result of the work accident. In this context, if a worker who has been injured needs to go to another city or country for treatment, travel money, if prosthetics are needed, and temporary incapacity benefits during treatment and rehabilitation are paid by SSK. In addition, income is related to the employee who has suffered an accident in cases of partial and complete incapacity, and to the rights holders in the event of his death. SSK made to employee or eligible persons as any expenses that need to be made in the future and with the amount of if it is connected to the amount of the value upfront capital income account, the employer or to third parties of these persons, of actions which are contrary to the provisions of Occupational Health and safety legislation weighing the degree of the defect, according to the provisions of the law of obligations recourse.
According to the law on social insurance; the insured the execution is started or re-hired to the insured within the period notified to the authority in case the declaration is made after the institution where the worker is running or before the date that is determined by accident and occupational disease that occurred in cases of workers who suffered occupational accident and occupational disease insurance benefits provided by the institution. However, in this case, the amount of capital value to be calculated in the event that any expenses incurred by SSK and necessary to be made in the future are linked to income is paid to the employer without looking for liability or defect status.
2) MORAL COMPENSATION
For the pain, suffering and suffering suffered by the employee or the family of the employee in fatal accidents at work, moral compensation is determined and paid to the employer. There is no calculation method in moral compensation, and there is an amount that the judge fully appreciates depending on the extent of the damage caused by the work accident. In the event of an accident at work, damage to the server, suffering and distress, or death, the family of the employee who was injured may sue the employer for moral compensation in return for the sadness they face, and the amount of moral compensation assessed by the judge is paid by the employer.
3) FINANCIAL COMPENSATION
It has been ruled that a person who has suffered damage during work will be unable to work to the extent of incapacity, and therefore the damage and loss that he will be exposed to can claim from the employee. As a result of an occupational accident or occupational disease, an employee who has more or less lost his or her earning power in the profession has the right to claim the actual damage associated with the loss from the employer, except that he or she is fully defective in the incident. Regardless of the rate of loss of earning power in the profession, it is possible to claim the damages and losses that are equivalent to this loss from the employer. Because all the damage and loss of the employee who was injured with the help of the Social Insurance Agency cannot be covered. Financial compensation that an employee who has suffered an accident at work can ask from an employer can be employed in two ways.
- A) disability compensation
In cases of occupational accident or occupational disease, the rate of loss of earning power in the profession is 10% or more, the continuous income of incapacity is associated with the insured by the SSK. But this income does not correspond to the actual loss of the insured person. Continuous incapacity income, which will be connected by the SSK, consists of a portion of 70% of its annual earnings proportional to the amount of incapacity. In the case of complete incapacity, this income is equal to 70% of the employee’s annual earnings. However, the actual loss of the worker in complete incapacity is 100% of his / her earnings. In addition, in cases where the degree of incapacity is less than 10%, the employee’s income is not linked to continuous incapacity by the SSK, although there is a loss. Income associated with the SSK is not an equivalent of actual loss, but is a Social Security income. For this reason, an employee who has a decrease in his or her working power due to an accident at work or becomes incapacitated may file a claim for disability compensation and ask the employer for damages that are not covered by the SSK.
- B) Compensation For Lack Of Support
In cases of death caused by an accident at work or occupational disease, compensation for lack of support against the employer may be filed by people who lack the support of the deceased employee. In order for these people to claim compensation from the employer, people who have been assisted by the death of the worker who was in a state of support while alive must have suffered damage that can be measured by money. According to the decisions of the Supreme Court on this issue, in order for the deceased to be considered support, he must have provided regular assistance to the people he supported. It is not necessary to have a situation between the deceased and those who lack support, such as an inheritance relationship or alimony obligation.
Compensation for deprivation of support due to death as a result of an occupational accident or occupational disease consists of the pesin and wholesale payment of the amount of assistance that the deceased can make in the future for those who are deprived of support, from the amount of earnings that the deceased can work and earn, within the possible periods during which they can live. Various data and criteria are used to calculate this amount. The amount of support deprivation compensation must be calculated on Net annual earnings. After calculating the annual income of the worker who died as a result of an accident at work, 30% of this income is considered the personal expense of the deceased, and the remaining amount is distributed to those who are deprived of the subject. In the provision of compensation for lack of support, the deliberate or defect of the deceased in the occurrence of an occupational accident or occupational disease that caused the death can be deducted from the amount of compensation determined for the current work.
As a result, it should be noted that accidents at work have great costs to workers, employers, businesses and the country’s economy, as well as suffering and troubles. For this reason, priority should always be given to taking safety measures that will prevent accidents at work.