Procedure for Workplace Accident Lawsuits in Turkish Courts

Basic Structure of Legal Proceedings

In Türkiye, the procedure for handling workplace accident lawsuits follows a two-stage structure: initially, the Social Security Institution (SGK) must officially recognize the incident as a workplace accident, and then the judicial stage commences. The SGK’s recognition is a critical prerequisite for the courts to hear a compensation case arising from an occupational accident.

Jurisdiction and Competent Courts

The competent courts for such lawsuits are the Labor Courts. In regions where no Labor Court exists, the Civil Courts of First Instance handle these cases in their capacity as Labor Courts.

According to Article 6 of the Labor Courts Law No. 7036, the plaintiff may file the case in any of the following competent courts:

• the court of the defendant employer’s domicile (real or legal person) as of the filing date
• if there are multiple defendants: the court of the domicile of any of them
• the court of the workplace where the employee performed their job
• the court where the accident or the damage occurred

The claimant may freely choose among these options when filing the lawsuit.

The Role of SGK Investigation

The inspection report prepared by SGK inspectors plays a decisive role in shaping the course of the trial. If the SGK report categorizes the incident as a workplace accident, the employee or their beneficiaries may directly file a lawsuit for material and moral compensation.

The moment the claimant becomes aware of the damage is considered to be the date when the permanent incapacity or disability rate is officially determined in the SGK report. This date also marks the start of the statutory limitation period for filing a lawsuit.

Determination Lawsuits in Non-recognized Cases

If the SGK does not recognize an incident as a workplace accident, the worker may file a separate lawsuit against the employer for the judicial determination of the accident as a “workplace accident.” This determination lawsuit acts as a “prejudicial matter,” meaning the compensation case will proceed only after the determination case is finalized.

A determination lawsuit may be initiated in the following circumstances:

• when the employer claims that the accident occurred due to the employee’s fault
• when the employer denies failure to comply with occupational health and safety regulations
• when the employer rejects the compensation claims

Scope of Compensation Claims

If the claimant succeeds in court, they may seek both material and moral compensation. For material compensation, the court may appoint an expert to review the employee’s medical expenses, incapacity status, and medical assessment reports to determine the exact amount of damages.

Determining Causality

When the causal link between the accident and the resulting damage is in dispute, the court is legally required to obtain a report from the Council of Forensic Medicine (Adli Tıp Kurumu). If contradictions arise between reports, an additional report must be requested from the General Assembly of the Forensic Medicine Council.

In cases where the workplace accident is related to a traffic accident, the competent court is determined according to Article 110/2 of the Highways Traffic Law: it may be the court located at the insurer’s headquarters, branch, agency, or where the accident took place.

Statute of Limitations

Under Article 146 of the Turkish Code of Obligations, the limitation period for workplace accident lawsuits is ten years, starting from the date of the incident. However, if a criminal case is also involved, the limitation period applicable to the criminal proceedings shall apply instead.

Burden of Proof

There is no special evidentiary rule for workplace accident compensation cases; all types of evidence are admissible. The employee must prove that the incident qualifies as a workplace accident through medical reports, witness statements, and relevant documentation.

Conclusion

Successfully handling workplace accident claims in Türkiye requires an understanding of both administrative and judicial procedures. Entrepreneurs and employers should ensure compliance with occupational safety standards and maintain proper documentation. Seeking legal advice early in the process can prevent procedural errors and strengthen a company’s legal position in potential disputes.