Employer’s Obligations in Case of a Work Accident

September 30, 2025Labor Law

A work accident is regulated under the Occupational Health and Safety Law No. 6331 and Law No. 5510, and it may occur not only at the workplace but also during the execution of work. The employer’s obligations include notification to the Social Security Institution (SSI), emergency intervention, and taking necessary occupational health and safety measures. The view that the employer’s liability is based on fault has gained prominence in recent Supreme Court decisions.

What Is a Work Accident?

A work accident is defined under Article 3/1(g) of the Occupational Health and Safety Law (“OHSL”) as “all events occurring at the workplace or during the execution of work, causing death or physical or mental injury.” Article 13/1 of the Social Insurance and General Health Insurance Law No. 5510 (“SI Law”) provides a detailed definition of a work accident and sets out the situations considered as work accidents.

According to Article 13/1 of the SI Law, a work accident is any event:

• Occurring while the insured is at the workplace,

• Occurring due to the work performed, if the insured works independently on their own behalf,

• Occurring during the time spent outside the workplace while performing a work-related duty for the employer,

• Occurring during the breastfeeding break of a female insured worker,

• Occurring during transportation of insured workers to and from the workplace using a vehicle provided by the employer,

and which immediately or subsequently causes physical or mental harm to the insured.

Accordingly, work accidents may occur not only at the workplace but also in different locations where work is being carried out. Examples include: a female worker falling down the stairs in the nursing room during breastfeeding time, nerve damage caused by an incorrect injection administered by a workplace nurse, falling from height at a construction site, electric shock, health problems caused by exposure to chemicals, an eye injury caused by scissors at the workplace, a traffic accident occurring while commuting with an employer-provided vehicle, or being hit by a third-party vehicle while waiting at the designated shuttle pickup point.

Situations Excluded From the Definition of Work Accident

Situations where the insured acts for a personal purpose fall outside the scope of work accidents.

Supreme Court 21st Civil Chamber, Decision dated 14.06.2016, File No. 2015/18158, Decision No. 2016/9853:

“Since it is understood that the deceased went for his own personal business and died after having an accident during this time, the claim should have been dismissed; however, ruling for acceptance was erroneous.”

Supreme Court 21st Civil Chamber, Decision dated 02.11.2015, File No. 2015/14827, Decision No. 2015/19327:

“… For an incident to be considered a work accident, the harmful event must occur during the performance of the employment contract, under the employer’s authority. In the present case, there is insufficient evidence supporting the plaintiff’s claim that he was assigned to obtain materials with the driver, while his main duty was paving work. Therefore, the claim should have been dismissed, and its acceptance was incorrect.”

These decisions make clear that events occurring while the insured is performing personal tasks cannot be evaluated as work accidents.

Employer’s Legal Liability in Work Accidents

According to the recent jurisprudence of the Supreme Court, the employer’s liability arising from occupational health and safety is based on fault. For an employer to be held legally responsible for a work accident meeting the statutory definition, the following conditions must occur together:

1. Employer’s fault (defined as violating the occupational health and safety obligations imposed on the employer),

2. Physical/mental injury or death resulting from the work accident,

3. Causal link (the accident must be directly connected to the work performed and be a result of the employment relationship).

Employer’s Obligations Under Occupational Health and Safety

The “fault of the employer” element, mentioned in item (i) above, is evaluated within the framework of the employer’s obligations listed in Article 4 of the OHSL. These obligations include:

• Identifying workplace risks and taking necessary measures

• Continuously updating and improving occupational health and safety measures

• Monitoring and supervising the implementation of safety measures

• Detecting and remedying non-compliances

• Conducting or commissioning risk assessments

• Assigning tasks appropriate to employees’ health and safety

These obligations form the basis of the employer’s responsibility in occupational health and safety.

Circumstances Eliminating Employer’s Liability

The employer’s liability is removed when the causal link is severed due to the insured employee’s gross fault, the fault of a third party, or force majeure. However, in unavoidable work accidents, the employer may still be held responsible based on principles of fairness.

What the Employer Must Do When a Work Accident Occurs

When a work accident occurs:

• The worker’s health is the priority: Immediate first aid and emergency response must be provided.

• The worker must be referred to the workplace doctor or taken to a hospital depending on the situation, and a medical report must be obtained.

• If a criminal situation exists, law enforcement must be notified and evidence preserved.

• The employer must report the accident to the SSI within three business days. Notification can be made via the SSI online system.

• The insured’s hospital admission must be recorded as a “work accident,” and this must be stated clearly in the medical leave report.

• A work accident report must be prepared regarding the incident.

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