Work Accident Rights of Foreign Nationals in Turkey

Occupational accident rights of foreign nationals in Turkeyis determined according to labor and social security legislation, regardless of the citizenship of the employee. A foreign worker working in Turkey may have the right to claim compensation from the employer if he has health care, temporary incapacity allowance, permanent incapacity income and conditions. In connection with this topic Labor Law You can also review the content titled.

Not having a work permit or insurance record does not eliminate the employer's occupational health and safety obligations. However, since it may be more difficult to prove the accident, the working relationship and the real wage in uninsured or unauthorized work, the evidence must be preserved quickly.

Which Events Can Be Considered Work Accidents?

An occupational accident does not have to occur only within the factory, office or construction site. Some non-workplace events related to the work performed by the employee can also be considered within the scope of work accidents.

Incidents experienced by a foreign employee at the following times can be considered work accidents:

• While at the workplace,
• Due to the work carried out by the employer,
• When he is sent to another place outside the workplace on duty,
• When commuting by employer-provided vehicle,
• While the breastfeeding employee is using her breastfeeding leave,
• When working at the customer, warehouse, construction site or other workplace on the instructions of the employer.

It is not the same issue whether the event is considered a work accident and whether the employer is at fault. An event can be considered a work accident in terms of SSI, but the fault, damage and causality link are examined separately in order to receive compensation from the employer.

What Should Be Done Immediately After the Accident?

The first priority after a work accident is to receive health assistance. When applying to the hospital or health institution, it should be clearly stated that the incident occurred during work.

Showing the incident as an ordinary injury in the health records can make it difficult to prove the work accident later. If the employee does not speak Turkish, he/she should request explanation or interpreter support in a language he/she can understand.

To the extent possible, the following actions should be taken after the accident:

1. Notification of the incident to the employer or workplace official in writing,
2. Taking photos and videos of the accident site,
3. Obtaining the contact information of the people who saw the accident,
4. Keeping hospital and treatment records,
5. Checking work permit, employment contract and SSI records,
6. Making a written request not to delete the camera footage.

The employer's suggestion that "We will cover your treatment, let's not report the accident" should not be accepted. Failure to notify may cause serious problems in the future in temporary incapacity, permanent incapacity and compensation processes.

Who is Responsible for Reporting a Work Accident?

A work accident suffered by a foreigner working for an employer must be immediately reported to law enforcement by the employer. SSI notification must be made within three working days after the accident. About the relevant aspect of the process Rights of Foreign Employees in Case of Dismissal There is detailed information on the page.

If the accident occurred in a place outside the control of the employer and the employer learned about the incident later, the three-business-day period can start from the date the accident is learned.

The employer's failure to notify does not automatically eliminate the nature of the incident as a work accident. The employee or his/her relatives can apply to the SSI with health documents and other evidence and request that the incident be examined.

Rights That Foreign Employees Can Receive from SSI

In order to benefit from work accident insurance, a long insurance period or a certain number of premium days is not required. Even if the insured employee has a work accident on the first day of work, he can benefit from work accident insurance.

Temporary Incapacity Allowance

Temporary incapacity allowance may be granted to a foreign employee who is unable to work for a while due to an accident and receives a rest report from the authorized health institution.

In the event of a work accident, payment is made for each day of report. Half of the daily earnings are taken as basis in inpatient treatment, and two-thirds of the daily earnings are taken as basis in outpatient treatment.

Some payments made to the employee by SSI may be collected from the employer due to the employer's late notification of the work accident. The responsibility arising from late notification should not be placed on the employee.

Permanent Incapacity Income

If the work accident has caused permanent physical or mental harm, the loss of earning power in the profession is evaluated by the SSI.

If it is determined by the Institution Health Board that the earning power in the profession has decreased by at least 10 percent, permanent incapacity income can be attached to the foreign employee.

The completion of the employee's treatment does not mean that he has fully recovered. Limitation of movement, loss of limbs, loss of vision or hearing, chronic pain, and mental disorders may be subject to permanent incapacity assessment.

Death Income and Rights of Family Members

If the foreign employee dies as a result of a work accident, death income can be attributed to the spouse, child or other beneficiaries who meet the conditions. Employment Contract Rights of Foreign Employees in Turkey its content explains other legal points related to this stage.

A certain insurance period or premium days are not required for death income due to work accidents. Even if the employee dies on the first working day, the beneficiaries can claim death income.

Beneficiaries can also benefit from funeral allowance and marriage allowance, if there are conditions.

Can Financial Compensation Be Claimed from the Employer?

The payments made by SSI and the compensation that can be claimed from the employer are different from each other. Receiving SSI payment alone does not prevent filing a compensation lawsuit against the employer.

If the employer fails to take the necessary occupational safety measures, does not provide training, does not provide appropriate equipment or allows a dangerous working method, financial compensation liability may arise.

Within the scope of pecuniary compensation:

• Treatment and care expenses not covered by SSI,
• Damages arising from temporary loss of work,
• Loss of future earnings due to permanent loss of workforce,
• Caregiver, prosthesis and rehabilitation expenses,
• Damages arising from the shaking of the economic future

can be requested.

If the employee's wage is reported low to the SSI, only the amount in the payroll may not be taken into account in the compensation calculation. Real wage; It can be investigated with bank records, work permit application, precedent fees and other evidence.

Right to Non-Pecuniary Compensation

A foreign employee who experiences physical pain, permanent disability, aesthetic damage or severe mental distress due to a work accident can claim non-pecuniary compensation.

In the event that the accident results in death, the spouse, children, parents of the deceased employee and the persons who were in close relationship in the concrete case can also claim non-pecuniary compensation.

The amount of non-pecuniary damage; It is determined by taking into account the severity of the accident, fault rates, disability status and social and economic conditions of the parties.

If the Employee is at Fault in the Work Accident

If the employee violates the safety instructions or does not use the protective equipment given to him/her, it can be taken into account in the defect assessment. However, giving fault to the employee does not completely eliminate the employer's responsibility in all cases.

Employer; It is responsible for conducting risk assessments, training the employee, providing the necessary equipment and inspecting whether the rules are followed. It is not always sufficient for the employer to have delivered only the protective equipment.

If a Foreigner Without a Work Permit Has a Work Accident

Working without a work permit may result in administrative sanctions for both the foreigner and the employer. However, the absence of a permit does not eliminate the employer's obligation to provide a safe working environment.

For the foreigner working without permission or insurance, the actual working relationship must first be proven. The employer's portrayal of the employee as a "guest", "volunteer" or "person in the trial process" does not eliminate the working relationship alone.

In cases where the employer does not make the insurance entry, service determination, determination of work accident and compensation claims may come to the fore together. However, the immigration law status of the foreigner due to the violation of the work permit can also be examined.

Employees Temporarily Assigned from Abroad

A foreign employee who is temporarily sent to Turkey by an international company may have a document showing that he is subject to the social security system of his own country. Also Labor Law Rights of Foreign Personnel Working in International Companies should be evaluated together with the concrete case.

If there is a social security agreement between Turkey and the employee's country, the insurance legislation of which country will be applied is determined according to the contract. This does not automatically eliminate the employer's occupational health and safety responsibilities in Turkey.

Is Mediation Mandatory in Work Accident Cases?

Mandatory mediation is not a condition of litigation in cases of material and moral compensation arising from work accidents. The employee or his/her relatives can file a lawsuit directly in the competent court.

It is possible for the parties to voluntarily apply for mediation if they wish. However, determination, objection and recourse disputes to which SSI is a party are evaluated separately.

Lawsuits filed due to work accidents are generally heard in labor courts. Since the statute of limitations and other litigation periods may vary depending on the legal basis of the request and the criminal investigation, if any, the application should not be delayed.

Frequently Asked Questions

Does a foreign employee have the same work accident rights as a Turkish employee?

In general, yes. Rights are determined not by citizenship, but by insurance, employment relationship, damage and fault.

What can be done if the employer does not report the accident?

The employee or his/her relatives can apply to the SSI with their health documents and other evidence and request that the incident be examined as a work accident.

Is an accident that occurs on the first working day covered by SSI?

Yes. Work accident insurance does not require a specific premium day or insurance period.

Can a foreigner without a work permit claim compensation?

Violation of work permit creates separate sanctions. Work accident and compensation claims are evaluated separately based on actual work, fault and damage.

Can the employer not be sued if the SSI payment is received?

SSI benefits do not automatically eliminate the material and moral compensation to be requested from the employer.

Should a mediator be consulted before a work accident case?

There is no mandatory mediation requirement in cases of material and moral compensation arising from work accidents.

Legal information: This content has been prepared for general information purposes. Work accident, insurance, work permit, fault, disability and compensation calculations should be evaluated separately according to the documents of each incident and the legal status of the employee.