Work Accident Death Compensation: Loss of Support (Destekten...

When a work accident results in death, the pain is immeasurable. However, Turkish Law recognizes that the family also suffers a “Material Loss” – the future earnings the deceased would have brought home. This is compensated via the Loss of Support Compensation (Destekten Yoksun Kalma Tazminatı).

[!NOTE] 💡 Cultural Context: The “Uninsured Worker” Tragedy

In Turkey, unfortunately, many construction and agricultural workers work without official insurance (Sigortasız). Employers often tell families: “He wasn’t insured, so you get nothing.” This is a LIE. Even if the worker was unregistered, we can prove the employment relationship and force both SGK benefits and high civil compensation.

1. Who Can Claim? (TBK Art. 53)

You do not need to be a formal “Heir”. You just need to prove you were financially supported by the deceased.

• Spouse & Children: Presumed to be supported automatically.
• Parents: If they can prove their child sent them money or looked after them.
• Fiancée: Can claim if regular support is proven.

2. The Relationship Between SGK and Civil Lawsuit

This is the most confusing part for clients.

1. SGK Survivor Pension: First, the Social Security Institution (SGK) pays a monthly pension to the family.
2. Civil Lawsuit: SGK payments are never enough to cover the true loss of a 30-year career. You sue the Employer for the difference.

Calculation Formula:

(Total Lifetime Future Earnings) - (PSD Capital Value of SGK Pension) = Net Compensation Payable by Employer

3. Moral Compensation (Manevi Tazminat)

In addition to the mathematical “Loss of Support,” the family is entitled to Moral Damages for their profound sorrow.

• Unlike Material damages, this is not calculated mathematically.
• The judge determines a lump sum (e.g., 200,000 TL for spouse, 100,000 TL for each child) based on the “fault rate” of the employer.

⚖️ Legal Reference: TBK Article 53 “The damages to be compensated in case of death are: … 3. Losses suffered by those deprived of the support of the deceased.”

Conclusion

Work accident lawsuits are technical battles between “Actuaries” and “Occupational Safety Experts.” Speed is vital to direct the official accident investigation report appropriately.

[!IMPORTANT] Need Expert Legal Help?

Attorney Fevzi Yaskir represents families of victims in fatal work accidents. We ensure you receive every penny of the “Support” you lost, challenging low-ball offers from employers.

• 📞 Phone: +90 554 192 47 20
• 💬 WhatsApp: Chat with us
• 📧 Email: fevziyaskir@gmail.com