What is a workplace accident, and what are the employer's responsibilities?
1. What is a workplace accident?
Let's say you were involved in a car accident on your way to work. This accident would be considered a workplace accident in legal terms. Similarly, if you cut your hand with a knife while preparing lunch at the office, this would also be considered a workplace accident. Yes, this happened:)
A workplace accident broadly encompasses not only accidents that occur at the workplace but also all “accidents” that occur outside the workplace but during activities carried out as part of the job.
Therefore, workplace accidents are defined in legislation as incidents that occur at the workplace or during the course of work and result in physical or mental harm to employees. In such cases, the employer's liability is not dependent on whether there was any fault on their part. The employer is strictly liable.
2. What is a workplace accident report?
An accident report refers to the timely and accurate reporting of an accident that has occurred to the relevant official authorities by the employer.
According to Article 13 of the Social Insurance and General Health Insurance Law No. 5510, an accident report must be submitted to the Social Security Institution (SGK) within three business days of the date of the accident. This three-day period should not be interpreted as three days following the receipt of a medical certificate from the hospital. The report must be submitted within three days from the moment the accident occurs, without waiting for the medical certificate. The workplace accident form is available on the Social Security Institution's website.
REMEMBER!
If the employer fails to submit this report on time, they will face a legal administrative fine.
3. What happens if a workplace accident occurs while working remotely?
The same legal framework applies to accidents that occur while working remotely (online) rather than at the workplace. In such cases, it is necessary to determine whether the accident occurred during the course of work and whether a causal link exists. In the event of a workplace accident occurring during remote work, reporting the accident is a legal obligation of the employer.
4. What are the administrative fines applied for workplace accidents?
The late reporting of workplace accidents is subject to fines under the Occupational Health and Safety Law No. 6331. The fine varies depending on the hazard class of the workplace and the number of employees. The administrative fines applicable for 2025 are as follows:
For low-risk workplaces
- Fewer than 10 employees: 35,416.00 TL
- 10-49 employees: 35,416.00 TL
- More than 50 employees: 53,113.00 TL
For hazardous workplaces
- Fewer than 10 employees: 44,260.00 TL
- 10-49 employees: 53,113.00 TL
- More than 50 employees: 70,818.00 TL
For highly hazardous workplaces:
- Fewer than 10 employees: 53,113.00 TL
- 10–49 employees: 70,818.00 TL
- More than 50 employees: 106,228.00 TL
A 25% discount is provided if the penalty for failing to report a workplace accident is paid within 15 days of the notification date.
In general, reporting workplace accidents contributes to the development of a culture of occupational health and safety and enables the necessary measures to be taken to prevent similar accidents in the future. It is important both to prevent the recurrence of the accident and to conduct investigations at the accident site and identify any shortcomings.
5. What rights do employees have in the event of a workplace accident?
Employees have the right to claim material and moral compensation as a result of a workplace accident. Reporting workplace accidents is important for protecting employees' rights and ensuring that the necessary compensation is provided. The measures taken by the employer will also be effective in terms of proving the employer's liability for compensation in the event of a workplace accident.
6. What are the employer's obligations in the event of a work accident?
If the work accident is not reported within the specified time period, the employer will be subject to an administrative fine. With this information, employers must immediately notify the relevant authorities and take the necessary measures. Additionally, according to Article 21, Paragraph 2 of Law No. 5510, the temporary disability allowance that must be paid to the insured person who has suffered a workplace accident may be requested by the Social Security Institution (SGK) from the employer. The employer may deduct this amount from the employee's salary.
In conclusion, employers are obligated to take all necessary precautions to prevent workplace accidents.
* The Social Security Institution (SGK) monitors whether work accident reports are submitted within the prescribed timeframe, and administrative fines are imposed in accordance with the penalties stipulated in Article 26 of Law No. 6331 on Occupational Health and Safety.
