Accident at Work

 

According to the article 14 of Law No. 6331, an employer must report a work accident within three business days after the accident, and an occupational disease reported by the healthcare providers or workplace doctor within three business days from the date when the employer becomes aware of such disease. 

Work accident

According to the first paragraph of article 13 of Law No. 5510, a work accident is an incident that happens

“a) when the insured is present in the workplace,

b) due to the work carried out by the insured if the insured works independently for his/her account and on his/her name because of the business conducted by the employer,

c) during the time when the insured was not doing his/her primary job because such insured worker was sent to a place other than primary workplace by the employer where such insured worker is working under such employer,

d) during when the insured nursing woman left the workplace to breastfeed her child pursuant to the labor legislation,

e) when the insured was going to or returning from the other workplace by a vehicle provided by the employer and which causes the insured to be mentally and physically disables immediately or subsequently”.

Occupational Diseases

According to the first paragraph of article 14 of Law No. 5510: “An occupational disease is a temporary or permanent illness, physical or mental disability suffered by an insured worker due to conditions for carrying out the task or a repetitive cause resulting from the nature of the job or task performed.”

Reporting Work Accidents and Occupational Diseases

Time for Reporting Work Accidents

According to Law No. 5510, an employer must report a work accident to the Social Security Institution within 3 business days.

Time for Reporting Occupational Diseases

According to article 14 of Law No. 6331, the employer must report any occupational disease reported to the employer by the healthcare providers or workplace doctor to the Social Security Institution within three business days from the date when the employer became aware of such disease. The healthcare providers authorized to diagnose the occupational disease must report the cases diagnosed by them to the Social Security Institution not later than ten business days.

According to the Law No. 5510, an employer must report an occupational disease to the Social Security Institution within 3 business days.  

2.3. Method for Reporting Work Accidents and Occupational Diseases

The work accidents and occupational diseases shall be reported by the Work Accident and Occupational Disease Notice Form.

The Notice Form (e-notice) may be sent in the electronic environment or as a printed copy directly to the relevant unit of the Social Security Institution through mail. A notice sent by the first mail shall be deemed made on the date when it is transmitted to the Social Security Institution’s records, and the date of delivering to the postal services in case of notices sent by certified mail, registered letter with return receipt, or express mail.

Imposing Administrative Fine if the Employer fails to Report the Work Accidents or Occupational Diseases

According to the provision of Law No. 5510, a work accident shall be simultaneously reported to the Social Security Institution and Regional Directorate of Labor and Work Authority by the employer who will complete a notice form for each insured worker individually. However, when imposing an administrative fine on the said notice, if more than one insured worker who has suffered from the work accident due to same incident, no administrative fine shall be imposed per insured worker but single penalty shall be imposed after the work accident is assessed per case in case of an employer who fails to fulfill the obligation for reporting each insured worker.