Legal and Criminal Liability of Employers in Occupational Accidents
An occupational accident is an event that occurs in the workplace or due to the execution of work, causing physical or mental disability to the insured. Failure to take occupational health and safety measures results in heavy legal and criminal liability for the employer.
Types of Employer Liability
- Civil Liability: Lawsuits for material and moral damages filed by the employee who suffered the accident or their relatives in case of death.
- Criminal Liability: Prosecution of employers or employer representatives for "manslaughter by negligence" or "injury by negligence" if they are at fault.
- SSI Recourse Lawsuits: The Social Security Institution claiming back the benefits provided to the employee from the employer based on their fault rate.
Compensation Items
Victims of occupational accidents can claim the following:
- Compensation for temporary or permanent incapacity for work.
- Medical expenses and additional costs incurred due to the accident.
- Compensation for loss of support (For relatives in fatal accidents).
- Non-pecuniary damages (For the pain and suffering experienced).
Foreign Employees and Unregistered Employment
One of our firm's specialized areas is the occupational accident processes of foreign nationals:
- Foreigners Without Work Permits: Even without a work permit, foreign employees who suffer workplace accidents retain their compensation rights, and this situation increases the employer's liability.
- Rights Violations: Tracking compensation and recourse processes related to rights violations experienced by foreign nationals following occupational accidents in Turkey.
In occupational accidents, fault assessment and inspector reports determine the outcome of the case. As BA Law Firm, we provide effective support in collecting evidence and managing the process from the moment of the accident.