Work Accident Compensation Turkey 2026: Lawsuit Guide

Summary: Injured at work in Turkey? Calculate your Material and Moral Compensation. 2026 Guidelines for Disability Rates, SGK Benefits, and Uninsured Workers rig...

Every year, thousands of workers in Turkey are injured or killed in construction, mining, and industrial accidents.

Under Turkish Law, the Employer has a “Duty of Care” (Gözetim Borcu). If you get hurt because the employer didn’t provide a helmet, didn’t maintain the machine, or forced you to work 16 hours, the Employer is 100% Liable.

You have two main sources of money:

SGK (Social Security): Pays “Temporary Incapacity” allowance and “Permanent Disability Pension”.
The Lawsuit: The Employer pays for the remaining damages (Top-up) and “Moral Compensation” (Pain & Suffering).

1. What Counts as a “Work Accident”?

It’s broader than you think. Law No. 5510 Article 13 says an accident is “Work Accident” if:

You are at the workplace (even during lunch break).
You are sent outside for a job (e.g., Accountant going to the Bank).
Service Bus: You are on the shuttle bus provided by the employer.
Note: Heart attack at the office IS a work accident. Suicide at the office IS a work accident (usually).

2. Unregistered (Kaçak) Workers

CRITICAL 2026 REALITY: Many foreigners (Syrian, Afghan, African) work without insurance.

The Myth: “I have no SGK, I have no rights.”
The Truth: WRONG. Turkish Law protects the human, not the paper.
The Process: We file a “Service Determination Lawsuit” (Hizmet Tespiti). We prove you worked there (WhatsApp, Photos, Witnesses). The Court declares you “Insured” retroactively. Then you avail ALL rights (Pension + Compensation) just like a Turkish citizen.

3. Types of Compensation

A. Material Compensation (Maddi Tazminat)

This is strictly mathematical. An “Actuary” (Hesap Bilirkişisi) calculates:

Loss of Earnings: If you have 10% disability and you are 30 years old, you lost 10% of your future income until age 60. The employer must pay this upfront.
Treatment Costs: Surgery, medicine, prosthetics (if not covered by SGK).
Caregiver Cost (Bakıcı Gideri): If you are bedridden, the cost of a nurse/family member caring for you.

B. Moral Compensation (Manevi Tazminat)

For the pain, psychological trauma, and loss of joy of life.

2026 Trends: Judges are awarding higher amounts. For a lost limb (arm/leg), moral damages can reach 1,000,000 - 3,000,000 TL. For death, the family can receive substantial amounts.

4. The SGK Component (Disability Pension)

Before the lawsuit ends, SGK (State) acts.

Report: You go to a State Hospital. They give a “Disability Report” (Maluliyet Raporu).
The 10% Rule: If your disability is >10%, SGK puts you on a monthly “Permanent Incapacity Income” (Sürekli İş Göremezlik Geliri). You get this salary for life, even if you find another job.

Note: The compensation you get from the lawsuit will be “Deducted” (PSD - Peşin Sermaye Değeri) by the amount SGK pays, to prevent “Double Enrichment”.

5. Death Cases (Loss of Support)

If the worker dies:

Wife/Husband, Children, and (sometimes) Parents file the lawsuit.
Claim: “Destekten Yoksun Kalma Tazminatı” (Compensation for Loss of Support). They lost the breadwinner.
Distribution: wife gets the largest share. Children get share until age 18/25.

6. Statute of Limitations

Injury: 10 Years from the date of the accident (or date the report finalized).
Death: 15 Years (Criminal Statute of Limitations usually applies).

Do not wait. Evidence disappears. Witnesses forget. CCTV gets deleted.

7. Employer’s Defense (Contributory Negligence)

The Employer will say: “He took off his helmet!” or “He was drunk!”

Müterafik Kusur: If the worker was 20% at fault, the compensation is reduced by 20%.
HOWEVER: The main responsibility (providing safety gear, training, supervision) is always on the Employer. Courts rarely find the worker >50% at fault unless it was intentional suicide or gross recklessness.

8. FAQ

1. I signed a paper saying “I received all my rights.” Is it over?

NO. “Release Receipts” (İbraname) regarding work accidents are INVALID for 2 years. Even if you signed it, we can sue and ask for the difference between what you got and what you effectively deserve.

2. Can I receive compensation if it was my mistake?

If you are 100% at fault (e.g., horseplay), you cannot get compensation from the Employer. BUT, you might still get SGK health benefits.

3. Does the lawsuit stop me from getting new jobs?

No. There is no “Blacklist”. It is your constitutional right.

Konya Work Accident Attorney

We specialize in catastrophic injury cases. We work with medical experts to maximize the Disability Rate determinations and Actuaries to calculate the highest possible compensation.

📞 Work Accident Dept: +90 554 192 47 20

📧 Email: fevziyaskir@gmail.com

📍 Address: Nişantaş Mah. Vatan Cad. No:12/1 Selçuklu/KONYA

⚖️ Av. Fevzi Yaşkir

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Legal Disclaimer: This guide was prepared by Attorney Fevzi Yaskir to assist foreign investors and expats in Turkey.

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