Workers’ Compensation Lawyer in Istanbul, Turkey

What Is Workers’ Compensation in Turkey?

“Workers’ compensation” is a convenient English expression, but Turkish law does not operate through one single procedure called workers’ compensation.

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Instead, a workplace injury can give rise to rights and procedures under several different areas of Turkish law.

 

Depending on the circumstances, a case may involve:

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• recognition of an accident as a workplace accident (iş kazası);

• SGK notification and proceedings;

• temporary incapacity benefits;

• permanent incapacity or loss of earning capacity;

• occupational disease proceedings;

• employer responsibility for occupational health and safety;

• material compensation;

• moral compensation;

• compensation following a fatal workplace accident;

• mandatory mediation;

• proceedings before the Labour Courts;

• enforcement of a settlement or judgment.

 

The Turkish Social Security Institution (SGK) administers important social-security rights connected with workplace accidents and occupational diseases. Its official information should be considered alongside the applicable legislation.

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Workplace Accident Law in Turkey

What Is an İş Kazası?

Turkish legislation uses the term iş kazası for a workplace accident.

Whether an incident legally qualifies as an iş kazası depends on the circumstances and the statutory criteria. The fact that an injury happened “at work” is important, but it is not always enough to answer every legal question.

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The circumstances can include:

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• where the accident happened;

• what the employee was doing;

• whether the activity was connected with employment;

• when and how the accident occurred;

• whether the employee was insured;

• the nature of the injury;

• whether the accident occurred during work-related travel;

• whether another person or company contributed to the accident.

 

The official Social Security Institution (SGK) materials concerning workplace accidents should be consulted when determining whether an event falls within the social-security definition of a workplace accident.

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Common Workplace Accidents

Workplace accidents can occur in almost any sector.

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Examples include:

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Construction Accidents

Construction workers may suffer injuries from:

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• falls from height;

• scaffolding;

• cranes;

• excavations;

• falling materials;

• electrical systems;

• construction machinery;

• unsafe access areas.

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Factory and Manufacturing Accidents

Industrial employees may be injured by:

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• machinery;

• presses;

• conveyors;

• forklifts;

• cutting equipment;

• electrical installations;

• chemicals;

• inadequate machine guarding.

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Transport and Vehicle Accidents

An employee may suffer an accident while driving or travelling for work.

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The legal assessment may involve the employer, driver, vehicle owner, insurer and potentially other responsible parties.

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Office and Commercial Workplace Accidents

Even workplaces that appear relatively low-risk can involve:

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• slips and falls;

• electrical accidents;

• defective equipment;

• unsafe premises;

• lifting injuries;

• repetitive physical injuries.

 

The type of workplace does not by itself determine whether an accident gives rise to a legal claim.

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Employer Duties After a Workplace Accident

Turkish occupational health and safety law places significant responsibilities on employers.

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Under the Occupational Health and Safety Law No. 6331, employers are responsible for taking necessary occupational health and safety measures, organising the workplace accordingly and monitoring compliance.

 

The Ministry of Labour and Social Security explains that employers' responsibilities include areas such as:

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• risk assessment;

• emergency planning;

• first aid;

• occupational health and safety training;

• informing employees;

• health surveillance;

• recording and reporting workplace accidents;

• preventing occupational accidents and diseases.

 

The Ministry's official occupational health and safety information provides detailed guidance on these obligations.

 

Importantly, obtaining services from an occupational safety specialist, workplace physician or external occupational health and safety organisation does not automatically remove the employer's own responsibilities.

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Risk Assessment

Risk assessment is an important part of workplace safety.

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An employer may be expected to identify foreseeable risks, evaluate them and take appropriate measures to reduce or eliminate them.

 

After an accident, questions may therefore arise about:

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• whether a risk assessment existed;

• whether it accurately reflected the workplace;

• whether identified risks were addressed;

• whether employees were informed;

• whether appropriate protective equipment was supplied;

• whether employees received adequate training;

• whether safety measures were actually implemented.

 

A document stating that a risk assessment existed does not necessarily answer whether the workplace was operated safely in practice.

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Reporting a Workplace Accident to SGK

The reporting stage is important because the official record of an accident may later become relevant to both social-security proceedings and compensation litigation.

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Under the applicable Turkish rules, employers must report qualifying workplace accidents to SGK within the statutory period.

 

The Ministry of Labour and Social Security states that an employer must notify SGK of a workplace accident within three working days following the accident, while the applicable rules also require notification to the competent law-enforcement authorities.

 

Employers can use SGK's official Workplace Accident and Occupational Disease E-Notification system for the relevant electronic notification.

 

The official SGK resources should always be checked for the current procedure.

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What If the Employer Does Not Report the Accident?

An employer's failure to make a required notification does not necessarily mean that the worker has no legal rights.

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If an accident has not been properly reported, the worker should consider preserving evidence showing:

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• when the accident occurred;

• where it occurred;

• who was present;

• what work was being performed;

• what injury resulted;

• when medical treatment was obtained;

• whether the employer was informed.

 

Medical records, photographs, witness information, messages, emails and workplace documents can become particularly important where the employer disputes the accident.

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Occupational Diseases in Turkey

Not every work-related injury occurs on one particular day.

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Some illnesses develop gradually because of workplace exposure or working conditions.

 

Turkish social-security legislation recognises occupational diseases (meslek hastalığı). SGK describes an occupational disease as a temporary or permanent illness or physical or psychological impairment arising from the nature of the work performed or the conditions under which the work is carried out.

 

Potential examples can include illnesses connected with:

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• chemical exposure;

• dust and hazardous substances;

• excessive workplace noise;

• repetitive work;

• prolonged physical strain;

• particular industrial environments.

 

An occupational disease is not established merely because a person became ill while employed. The medical and legal connection between the illness and the working conditions must be examined.

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Occupational Disease Reporting

SGK states that employers must report an occupational disease within the applicable statutory period after learning of it.

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For relevant employees, SGK also provides benefits connected with occupational disease, including:

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• temporary incapacity benefits;

• permanent incapacity income;

• death-related income;

• funeral benefits in applicable circumstances;

• other statutory benefits.

 

The exact rights depend on the employee's insurance status and the circumstances of the case.

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Employer Liability for a Workplace Accident

A workplace accident does not automatically establish that the employer is liable for every resulting loss.

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Responsibility must be assessed using the applicable legal rules and evidence.

 

Article 417 of the Turkish Code of Obligations No. 6098 imposes important obligations on employers concerning the protection of employees and occupational health and safety.

 

In practical terms, a workplace accident case may require examination of whether the employer:

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• identified foreseeable risks;

• took appropriate precautions;

• provided safe equipment;

• gave appropriate instructions;

• provided necessary training;

• maintained machinery and equipment;

• supervised the work appropriately;

• responded to known safety problems.

 

The evidence must then be considered together with the circumstances of the accident.

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How Is Fault Determined?

Fault can be one of the most contested issues in a workplace accident case.

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An employer may argue that the employee failed to follow instructions. A worker may argue that the employer failed to provide proper training or safety equipment. There may also be circumstances in which both sides, or another party, contributed to the accident.

 

Questions can include:

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1. Was the workplace reasonably safe?

2. Were known risks addressed?

3. Was the worker properly trained?

4. Was protective equipment available and suitable?

5. Was the equipment properly maintained?

6. Were employees adequately supervised?

7. Were safety instructions realistic and followed in practice?

8. Did the employee depart from the prescribed working method?

9. Did a subcontractor or another company contribute to the accident?

10. Could the accident reasonably have been prevented?

 

In complex cases, expert examination may be necessary to determine how the accident occurred and how responsibility should be assessed.

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Evidence After a Workplace Accident

Evidence can make a substantial difference to the outcome of a workplace accident dispute.

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A worker should preserve, where available:

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• accident reports;

• SGK records;

• medical reports;

• hospital records;

• emergency records;

• photographs;

• CCTV information;

• names and contact details of witnesses;

• employment contracts;

• payroll documents;

• SGK service records;

• workplace training records;

• occupational safety documents;

• risk assessments;

• safety instructions;

• equipment maintenance records;

• emails;

• WhatsApp or other messages;

• correspondence with the employer;

• evidence of income;

• evidence of continuing expenses.

 

Some evidence can disappear surprisingly quickly.

 

CCTV systems may automatically overwrite old recordings. Machinery may be repaired or replaced. A workplace may be reorganized. Witnesses may leave the company.

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For that reason, evidence preservation should not be postponed unnecessarily.

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What Compensation Can a Worker Claim?

There is no single compensation amount that applies to every workplace accident.

 

The potential claim depends on the injury, financial consequences, medical evidence, fault, earning capacity and other circumstances.

 

Under the Turkish Code of Obligations, bodily injury can involve losses including:

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• treatment expenses;

• loss of earnings;

• loss or reduction of working capacity;

• impairment of economic future.

 

A case may also involve a claim for moral compensation (manevi tazminat), where the legal requirements are satisfied.

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Treatment and Medical Expenses

Medical treatment is often the first concern after an accident.

The legal assessment may consider the treatment required because of the injury and the expenses that remain relevant after considering applicable social-security coverage and other payments.

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Medical records are therefore important even when treatment is initially provided through the public healthcare system or SGK.

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Temporary Loss of Earnings

A workplace injury may prevent an employee from working for a period of time.

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The legal assessment can involve:

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• the length of incapacity;

• the worker's income;

• employment status;

• medical reports;

• SGK benefits;

• actual financial loss;

• whether the inability to work was caused by the accident.

 

Temporary incapacity and permanent loss of earning capacity are separate issues and should not automatically be treated as the same.

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Permanent Loss of Working Capacity

Some workplace injuries have long-term consequences.

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A worker may technically be able to work but no longer be able to perform the same occupation, work the same hours, earn the same income or carry out physically demanding duties.

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Depending on the case, assessment can involve:

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• medical findings;

• impairment;

• occupation;

• age;

• income;

• remaining working capacity;

• future earning potential;

• ability to perform alternative work.

 

The calculation of a compensation claim can therefore require both medical and financial analysis.

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Moral Compensation After a Workplace Accident

The consequences of a serious workplace injury are not always financial.

Pain, suffering, permanent physical consequences and disruption to ordinary life can also be legally relevant.

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Turkish law recognizes moral compensation in appropriate circumstances.

 

The amount is not determined by a simple universal table. Courts consider the circumstances of the particular case and the legally relevant factors established through the evidence.

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Fatal Workplace Accidents

A fatal workplace accident affects an entire family.

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In addition to the death itself, family members may suddenly lose the income and support on which they depended.

 

Depending on the circumstances and the person's legal status, claims may involve:

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• material compensation;

• loss of support;

• moral compensation;

• funeral-related expenses;

• SGK death-related benefits;

• other statutory rights.

 

A fatal accident can also lead to investigations concerning occupational safety and potential legal responsibility.

 

For families, it is particularly important to obtain a clear picture of both the SGK rights and potential compensation claims rather than treating the matter as only one type of proceeding.

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SGK Benefits and Compensation Claims Are Not the Same

This distinction is often misunderstood.

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A worker may have rights through SGK following a qualifying workplace accident or occupational disease. At the same time, the facts may support a separate compensation claim against a responsible employer or other party.

 

These are different legal mechanisms.

 

SGK may provide statutory social-security benefits such as temporary incapacity benefits or, where the statutory requirements are met, permanent incapacity income.

 

A compensation claim, on the other hand, may concern losses caused by another party's legally relevant responsibility.

 

The two processes should therefore be examined together but not confused with one another.

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Workplace Accident Claims in Istanbul

When a workplace accident results in a dispute, the appropriate legal route depends on the claim being pursued.

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A case may involve:

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• SGK proceedings;

• mandatory mediation;

• Labor Court proceedings;

• evidence gathering;

• medical assessment;

• expert examination;

• compensation calculations;

• enforcement.

 

The location of the workplace and the applicable procedural rules can also matter when determining the competent authority or court.

 

For an accident occurring in Istanbul, a lawyer should review the facts before determining the appropriate procedural route.

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Is Mediation Required Before a Workplace Compensation Lawsuit?

Turkish Law No. 7036 on Labor Courts makes mediation a condition of litigation for specified employment disputes.

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This includes certain employee or employer receivables and compensation claims based on law or individual or collective employment agreements.

 

However, not every legal claim connected with a workplace accident should automatically be described as subject to exactly the same mediation requirement.

 

The legal basis of the particular claim must be examined.

 

Where mandatory mediation applies, the worker generally needs to complete the required mediation process before bringing the relevant lawsuit.

 

The Ministry of Justice's official mediation and judicial resources provide information about the Turkish mediation system and applicable procedures.

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Limitation Periods for Workplace Accident Claims

Time limits deserve attention from the beginning of a case.

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There is no single limitation period that can safely be applied to every workplace accident matter.

 

The applicable period may depend on:

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• the nature of the claim;

• whether the accident resulted in death;

• the date of the injury;

• the legal basis of the claim;

• the parties involved;

• relevant criminal proceedings;

• statutory provisions affecting the limitation period.

 

A worker should therefore avoid relying on an internet article that gives one universal deadline.

 

A lawyer should examine the actual claim and relevant legislation before determining whether a limitation period is approaching.

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What Should an Injured Worker Do After an Accident?

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1. Put Your Health First

Seek appropriate medical treatment.

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Do not delay treatment merely because the injury initially appears minor.

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2. Make Sure the Accident Is Documented

The circumstances should be recorded accurately.

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3. Keep Medical Records

Retain:

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• hospital records;

• medical reports;

• prescriptions;

• imaging reports;

• invoices and receipts where relevant;

• sick-leave or incapacity records.

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4. Preserve Evidence

Take photographs where appropriate and keep information concerning witnesses, equipment and the location of the accident.

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5. Keep Employment Documents

Keep copies of contracts, pay slips, SGK records and relevant correspondence.

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6. Do Not Sign Documents Without Understanding Them

Following an accident, an employer may ask an employee to sign various documents. A worker should understand what a document says and what legal effect it may have before signing.

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7. Obtain Legal Advice Promptly

Early advice can help identify the relevant claims and protect evidence before it becomes difficult to obtain.

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Can an Employer Dismiss a Worker After a Workplace Accident?

A workplace accident and a subsequent employment termination can create separate legal questions.

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The legality of a dismissal depends on the circumstances.

 

The assessment may consider:

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• the reason given for termination;

• timing;

• length of incapacity;

• the employee's employment status;

• applicable employment protections;

• whether the dismissal is connected to the accident;

• whether separate employment-law claims arise.

 

A worker should therefore not assume that a dismissal is automatically lawful or unlawful merely because it followed a workplace accident.

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Workplace Accidents Involving Foreign Workers

Istanbul has a large international workforce, and workplace accidents can involve employees from many countries.

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A foreign worker may have questions concerning:

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• SGK registration;

• work permit status;

• employment contracts;

• wages;

• workplace safety;

• compensation;

• immigration-related consequences.

 

The fact that a worker is a foreign national does not, by itself, answer these questions.

 

The actual employment relationship and circumstances of the accident must be examined under the applicable Turkish legal framework.

 

Where immigration issues arise alongside an injury claim, the two areas of law may need to be considered together.

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Accidents Involving Subcontractors

Some workplaces involve several companies operating together.

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This is particularly common in:

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• construction;

• logistics;

• manufacturing;

• maintenance;

• security;

• cleaning;

• industrial projects.

 

An injured worker may formally work for one company while performing duties at a workplace controlled or operated by another.

 

The legal investigation may therefore need to consider:

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• the direct employer;

• the principal employer;

• subcontractor agreements;

• workplace control;

• supervision;

• occupational safety responsibilities;

• equipment ownership;

• site management.

 

Identifying the correct parties can be an important part of the case.

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Construction Accidents in Istanbul

Construction accidents can involve complicated technical and legal questions.

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For example, after a fall from height, the investigation may need to establish:

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• whether appropriate edge protection existed;

• whether scaffolding complied with safety requirements;

• whether fall protection was provided;

• whether the worker received training;

• who controlled the site;

• which company employed the worker;

• whether subcontractors were involved;

• whether safety inspections were carried out.

 

The answer cannot normally be determined from the injury alone.

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Machinery and Factory Accidents

Industrial accidents can require technical investigation.

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Evidence may include:

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• machinery manuals;

• maintenance records;

• inspection records;

• training documents;

• machine guarding;

• workplace instructions;

• CCTV footage;

• employee statements.

 

A machine being involved in an accident does not automatically establish who is legally responsible.

 

The circumstances surrounding the machine's operation and the safety system around it need to be examined.

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Work-Related Vehicle Accidents

An employee can also suffer an accident while driving or travelling for work.

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Depending on the facts, the case may involve:

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• the employer;

• employee-driver;

• vehicle owner;

• insurer;

• another driver;

• subcontractor;

• other responsible parties.

 

Questions concerning the purpose of the journey, employment duties, vehicle maintenance and insurance may become relevant.

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What Does a Workplace Accident Lawyer Do?

A workplace accident lawyer does more than calculate a compensation figure.

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The first task is usually to understand what actually happened.

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Initial Case Assessment

This may include reviewing:

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• the employment relationship;

• accident circumstances;

• SGK status;

• medical condition;

• available evidence;

• potential responsible parties;

• potential claims.

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Evidence Review

A lawyer may help identify evidence that should be preserved and determine what documents should be obtained.

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SGK Matters

Where necessary, legal assistance may be provided concerning workplace accident or occupational disease proceedings before SGK.

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Compensation Assessment

Potential material and moral claims can be assessed according to the evidence and applicable law.

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Mediation

Where mandatory mediation applies, the lawyer can assist with preparation, negotiations and settlement documentation.

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Court Proceedings

If the dispute cannot be resolved, the lawyer can prepare and pursue the appropriate proceedings.

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Enforcement

If a settlement or judgment creates an enforceable payment obligation, enforcement proceedings may be required if payment is not made voluntarily.

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How Kurucuk & Associates Assists With Workplace Accident Matters

At Kurucuk & Associates, we understand that an injured worker is dealing with more than a legal claim.

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There may be medical appointments, uncertainty about returning to work, financial pressure and concerns about what will happen next.

 

Our role is to bring the legal issues together and explain the available options based on the facts.

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We may assist with:

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• workplace accident claims;

• occupational disease matters;

• employer liability;

• material compensation;

• moral compensation;

• fatal workplace accident claims;

• SGK-related proceedings;

• occupational health and safety issues;

• fault and causation analysis;

• mediation;

• Labour Court proceedings;

• subcontractor-related disputes;

• workplace accident matters involving foreign employees.

 

We do not assume that every accident should immediately become a lawsuit. In some cases, the appropriate first step may be evidence preservation or clarification of SGK matters. In others, mediation or litigation may be necessary.

 

The right approach depends on the individual case.

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Why Early Legal Advice Can Matter

The first days and weeks after an accident can be important.

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Evidence may disappear. Medical findings may develop over time. CCTV footage may be overwritten. Witnesses may leave the workplace. Documents may be difficult to obtain later.

 

Early legal assessment can help identify:

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• which documents should be preserved;

• what medical records are important;

• whether the accident has been properly reported;

• whether SGK proceedings should be followed;

• whether employer liability needs to be investigated;

• whether another company may be involved;

• whether mediation is required;

• what compensation claims may potentially arise;

• whether any procedural or limitation issue requires urgent attention.

 

Early legal advice does not necessarily mean immediate court proceedings. It means understanding the position before important decisions are made.

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Official Turkish Resources for Workplace Accident Matters

For reliable information, it is preferable to consult Turkish government and public-institution sources rather than relying exclusively on private websites.

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Social Security Institution — SGK

The Social Security Institution (SGK) publishes information concerning workplace accidents, occupational diseases, insurance benefits and employer reporting obligations.

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SGK Workplace Accident and Occupational Disease E-Notification

The official SGK Workplace Accident and Occupational Disease E-Notification system is used for statutory electronic notifications.

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SGK Occupational Disease Information

SGK's official occupational disease information explains occupational disease procedures and related social-security benefits.

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Ministry of Labor and Social Security

The Ministry of Labor and Social Security publishes official information concerning employment and occupational health and safety.

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Occupational Health and Safety Directorate

The Ministry's Occupational Health and Safety Directorate provides information about workplace safety obligations, legislation and guidance.

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Turkish Legislation Information

The Official Turkish Legislation Information System provides access to Turkish laws and regulations, including legislation relevant to employment, occupational safety, social security and civil liability.

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Ministry of Justice Legislation

The Ministry of Justice Legislation Information System provides access to legislation and judicial materials.

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UYAP

The UYAP Judiciary Information System is the Turkish judicial information platform and provides public-facing legal and judicial services.

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Grand National Assembly of Türkiye

The Grand National Assembly of Türkiye (TBMM) provides official legislative information, including laws and parliamentary materials.

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Official Gazette

The Official Gazette of the Republic of Türkiye (Resmî Gazete) is an important primary source for newly published legislation, regulations and official decisions.

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Frequently Asked Questions

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What is a workplace accident under Turkish law?

A workplace accident (iş kazası) is an event falling within the statutory definition under Turkish social-security legislation and producing the legally relevant consequences. Whether a particular incident qualifies depends on its circumstances.

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How quickly must an employer report a workplace accident?

For the relevant insured employees, the employer generally has to notify SGK within three working days following the workplace accident. Other notification obligations may also apply. The current SGK and Ministry rules should be checked for the particular circumstances.

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Can I claim compensation from my employer after a workplace accident?

A worker may have a compensation claim if the applicable legal requirements are satisfied. The claim can depend on employer responsibility, fault, causation, injury and resulting loss.

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Does receiving SGK benefits prevent a compensation claim?

Not necessarily. SGK benefits and civil compensation claims arise from different legal mechanisms. Their relationship must be assessed according to the circumstances of the case.

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Can I claim compensation for permanent disability?

Potentially. A permanent reduction in working capacity can be relevant to the assessment of material compensation. Medical findings, occupation, income and future earning capacity may all be relevant.

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Can a family claim compensation after a fatal workplace accident?

Potentially. Family members or other legally entitled persons may have claims depending on their legal position, dependency, financial loss and the circumstances of the death.

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What happens if my employer says that the accident was my fault?

The employer's statement does not by itself determine legal responsibility. Fault may need to be investigated through workplace records, witness evidence, expert assessment and other evidence.

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What if my employer never reported my workplace accident?

The employer may have breached a statutory reporting obligation. The worker should preserve evidence of the accident and seek legal advice rather than assuming that the failure to report eliminates the worker's rights.

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Can a foreign employee claim compensation in Turkey?

A foreign employee may have rights arising from a workplace accident, but the precise position depends on the employment relationship, SGK status, work permit circumstances and facts of the accident.

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Is mediation mandatory before filing a workplace compensation lawsuit?

Mandatory mediation applies to specified employment disputes under Law No. 7036. Whether it is required for a particular workplace accident claim depends on the legal nature and basis of that claim.

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Which court handles workplace compensation disputes in Istanbul?

Claims falling within the jurisdiction of the Turkish Labor Courts are generally handled through that court system. The appropriate court and venue depend on the specific claim and procedural rules.

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How is compensation calculated?

There is no universal figure. The assessment can involve medical impairment, income, loss of working capacity, future economic loss, treatment expenses, fault, dependency and other legally relevant factors.

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What evidence should I preserve?

Keep medical records, accident reports, photographs, witness information, employment records, wage records, SGK documents, messages, emails and any other material that may establish what happened and the consequences of the accident.

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Can an occupational disease result in a compensation claim?

Potentially. Occupational diseases are separately recognized under Turkish social-security law, and the legal assessment may involve medical evidence, workplace conditions, SGK proceedings and employer responsibility.

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What if my injury becomes worse later?

Continue obtaining appropriate medical treatment and keep updated medical records. A deterioration in the medical condition may affect the assessment of the injury and resulting losses.

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Can more than one company be responsible for a workplace accident?

Potentially. Construction sites, factories and other workplaces may involve principal employers, subcontractors and other businesses. The responsibilities of each party must be assessed from the facts and applicable law.

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Workplace Compensation Lawyer in Istanbul, Turkey

A workplace accident can leave a worker with questions that have no simple answer:

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Was the accident properly reported? Who was responsible? What SGK rights are available? Has the injury become permanent? Can compensation be claimed? Is mediation required? What happens if the employer denies responsibility?

 

These questions should be considered together.

 

Turkish workplace accident law can involve social security, occupational health and safety, employment law, civil liability, medical evidence and procedural law. A careful assessment of the whole situation is often more useful than focusing on a single compensation figure.

 

Kurucuk & Associates assists clients in Istanbul with workplace accident, occupational disease and related compensation matters under Turkish law.

If you or a family member has suffered a workplace accident, preserving the available evidence and obtaining a timely legal assessment can help clarify the legal position and the available routes forward.

 

Legal information notice: This page is intended for general informational purposes. It does not constitute legal advice and does not create an attorney-client relationship. Turkish laws, regulations, administrative procedures and judicial interpretations may change. The limitation period, competent authority, available remedies and procedural requirements should be determined from the specific facts and current law applicable to each case.