EMPLOYER’S OBLIGATIONS IN CASE OF A WORK ACCIDENT

September 30, 2025
Labor Law

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Work accidents are regulated under the Occupational Health and Safety Law No. 6331 and the Social Insurance and General Health Insurance Law No. 5510. Such accidents may occur not only within the workplace but also during the execution of work. The employer’s obligations include notification to the Social Security Institution ("SGK"), emergency intervention, and the implementation of necessary occupational health and safety measures. Recent Court of Cassation rulings emphasize that the employer’s liability is primarily based on fault.

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1. What Is a Work Accident?

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According to Article 3/1(g) of the Occupational Health and Safety Law (“OHSL”), a work accident is defined as “an event occurring at the workplace or during the performance of work that causes death or physical/mental injury.”
Article 13/1 of the Social Insurance Law (“SIL”) provides further detail on situations considered work accidents.

Under Article 13/1 SIL, a work accident is deemed to occur when:

• The insured person is present at the workplace,

• A self-employed person suffers an accident in connection with their work,

• An employee is sent elsewhere by the employer for a task and is injured during that time,

• A nursing mother is injured during breaks for breastfeeding,

• The insured is injured while traveling to or from work in a vehicle provided by the employer.

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Thus, work accidents may occur not only in the workplace but also in other environments during the course of employment.

Examples include: falling from stairs in a nursing room during a breastfeeding break, a nurse suffering nerve damage due to a faulty injection, a fall from height on a construction site, electric shock, chemical exposure, or a traffic accident while commuting in a company vehicle.

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2. Situations Excluded from the Definition of Work Accident

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Situations where the insured acts for a personal purpose are excluded.

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Court of Cassation 21st Civil Chamber, Decision No. 2015/18158 E., 2016/9853 K., 14.06.2016:

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“As it is understood that the deceased went out for his own personal matter and died in an accident during that time, the court should have dismissed the case instead of accepting it.”

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Court of Cassation 21st Civil Chamber, Decision No. 2015/14827 E., 2015/19327 K., 02.11.2015:

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“For an incident to be considered a work accident, the harmful event must occur under the employer’s authority during the execution of work. In this case, the plaintiff could not prove that he was assigned to collect materials on the day of the incident; therefore, the case should have been dismissed.”

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These rulings show that accidents occurring while the insured engages in personal activities are not considered work accidents.

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3. Employer’s Legal Liability in Work Accidents

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According to recent Court of Cassation precedents, the employer’s liability for occupational health and safety is based on fault.

For an employer to be held legally responsible, three conditions must exist:

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1. Fault – the employer acted contrary to health and safety obligations,

2. Damage – physical or mental injury or death occurred,

3. Causation (illiyet bağı) – a direct link exists between the work accident and the performance of work.

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4. Employer’s Obligations Regarding Occupational Health and Safety

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The element of employer fault is evaluated under Article 4 of the OHSL.

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Employers must:

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• Identify workplace risks and take preventive measures,

• Continuously update and improve occupational health and safety practices,

• Monitor compliance with safety measures,

• Detect and correct non-conformities,

• Conduct or commission risk assessments,

• Assign workers to tasks suitable to their health and safety conditions.

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These obligations form the foundation of the employer’s legal responsibility in workplace safety.

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5. Circumstances That Eliminate Employer Liability

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Employer liability may be excluded if the damage results from:

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• The worker’s gross negligence,

• The fault of a third party, or

• Force majeure.

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However, in unavoidable accidents, the Court of Cassation sometimes applies the principle of equity, holding employers partially responsible to ensure fairness.

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6. Steps Employers Must Take After a Work Accident

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When a work accident occurs:

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• Prioritize the worker’s health: Immediate first aid and emergency care must be provided.

• The injured should be referred to a workplace physician or hospital depending on their condition.

• Obtain a medical report from the hospital.

• If there is a criminal element, notify the authorities and preserve evidence.

• Report the accident to the SGK within 3 business days, via the SGK online system.

• Ensure the hospital records the incident as a “work accident” on the medical report.

• Prepare a work accident report documenting all relevant facts.