Official Gazette dated 16 October · one publication
Constitutional Court Rules That the Right to a Reasoned Decision Was Not Violated in an Individual Application Regarding a Work Accident
Judgment of the Constitutional Court Dated 6/5/2026 and Numbered 2022/11105
Laws concerned: Social Insurance and General Health Insurance Law No. 5510
Published in the Official Gazette, the Constitutional Court decision addresses the judicial processes in criminal and compensation lawsuits filed due to a fatal incident resulting from a work accident. It was examined whether the conviction judgment rendered against the applicant for causing death by negligence violated the right to a reasoned decision. The decision addressed whether there was a subcontractor relationship at the construction site where the work accident occurred and the fault status of the parties.
During the review, reference was also made to the provisions of Law No. 5510 on Social Insurances and General Health Insurance, and the status of receiving old-age pensions and allegations of unregistered employment were evaluated. The High Court ruled that the right to a reasoned decision, within the scope of the right to a fair trial, was not violated in the specific case. Accordingly, the individual application of the applicant was found inadmissible.
Effective date
6 May 2026
Who is affected
Employers, construction contractors, subcontractors, and parties involved in work accident legal proceedings.
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