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Güneş & Güneş Law Firm

Work Accident and Occupational Disease Cases

Legal support in the determination of work accidents and occupational diseases, SGK procedures, pecuniary and non-pecuniary damages, recourse actions and related criminal processes.

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What paths are followed after a work accident or occupational disease?

A work accident or occupational disease may bring different processes into play, such as determination and payment by the Social Security Institution (SGK), a claim for compensation from those responsible, and a criminal investigation. The fact that an event qualifies as a work accident does not mean that the employer is automatically liable for every loss. The employment relationship, the loss, fault and causation are examined separately.

Güneş & Güneş Law Firm assesses the legal position of the file for employees, relatives who have lost their support, employers and other interested parties. It provides advisory and representation services in determination applications, objections to health and fault reports, compensation and recourse actions, and linked criminal files. Representation of parties with conflicting interests is not undertaken jointly.

Our scope of legal services in work accidents and occupational diseases

Determination of the work accident

The place where the event occurred, the duties, the employment relationship and the insured status are examined. The SGK notification and review are followed; if the event is not accepted as a work accident, appropriate objection and determination routes are assessed.

Determination of the occupational disease

The work performed, the duration of exposure, workplace conditions and health history are considered together. The determination process is conducted through the reports of authorized health institutions, the assessment of the Institution’s Health Board (Kurum Sağlık Kurulu) and, where necessary, a workplace inspection.

SGK rights and health reports

Temporary incapacity allowance, permanent incapacity income and rights in the event of death are examined. Decisions on loss of earning capacity in the occupation, objection to the Social Insurance Supreme Health Board (Sosyal Sigorta Yüksek Sağlık Kurulu) and judicial review routes are assessed.

Pecuniary damages and incapacity for work

Treatment and care expenses, loss of earnings, reduction in working capacity and effects on the economic future are investigated. Calculation reports are examined together with wage, health and fault data; objections to incomplete or erroneous assessments are prepared.

Death and loss of support

Funeral expenses, losses before death and claims for loss of support are addressed. For loss of support, not only heirship but the actual or expected support relationship and the person’s concrete loss are assessed.

Non-pecuniary damages claims

The claims for non-pecuniary damages of a person whose bodily integrity has been harmed and, in the event of serious bodily harm or death, of their relatives are examined. The persons entitled to claim, those responsible and the effects of the event are determined on the concrete file.

Employer and other responsible parties

Occupational health and safety obligations, training, supervision, equipment and organization records are examined. The relationship between the main employer and the subcontracting employer (alt işveren), the conduct of third parties and, where there is one, liability insurance are assessed within their own legal conditions.

SGK recourse and related disputes

Claims directed by the Institution against the employer or third parties on account of the payments it has made and the income it has awarded are followed. The ground for recourse, fault, unavoidability, amount and statutory limits are examined; deficiencies in notification and insured status are handled separately.

Related criminal processes

In allegations of negligent injury or homicide, investigation and prosecution follow-up, representation of the victim or intervening party (katılan) and defense counsel services are carried out. The actual duties of the persons, duties of care, fault and causation are examined; applications in line with reports and decisions are prepared.

Important distinctions in SGK, compensation and criminal processes

Claims arising from the same event may have different counterparties, burdens of proof and application conditions. The route to follow is determined separately for each claim.

Determination of the work accident and liability
The assessment of a work accident within Law No. 5510 Art. 13 and the employer’s liability for compensation are not the same examination. Violations of occupational health and safety, their connection to the loss and the applicable ground of liability are established separately.
SGK payment and compensation
Payment by SGK does not mean that all compensation claims have been met. Under Art. 55 of the Turkish Code of Obligations (TBK), the nature of the payment and whether recourse can be had are assessed; not all social security payments are automatically deducted from compensation.
Permanent incapacity for work and invalidity
For SGK permanent incapacity income in a work accident or occupational disease, the Institution must determine that earning capacity in the occupation has decreased by at least 10%. This threshold is not a common precondition for all compensation claims. An invalidity (malullük) pension is a different insurance right.
Mediation exception
Under Law No. 7036 Art. 3/3, mediation is not required as a condition precedent to litigation in actions for pecuniary and non-pecuniary damages arising from a work accident or occupational disease, or in related determination, objection and recourse actions. The conditions for other claims, such as wages, severance or reinstatement, are examined separately.
Prior application to SGK
The mediation exception does not remove the requirement to apply to SGK. In disputes within Law No. 7036 Art. 4, the preliminary application to the Institution and the rejection condition are assessed. The exception for determining compulsory insurance periods and special time-limit provisions are reserved; under the general regulation, a request left unanswered for 60 days is deemed rejected.
Employment status and competent court
A person working under an employment contract, an independent worker and a public servant are not subject to the same regime. For public servants, duty-related invalidity (vazife malullüğü) and special social security provisions apply; in administrative acts and compensation claims, the court with subject-matter jurisdiction is examined separately. A single court route cannot be indicated for all files.

The notification period is not a litigation period

The work accident of a person working under 4/a is reported by the employer to the competent law enforcement authority immediately and to SGK within at most three business days after the accident. If the accident occurred in a place outside the employer’s control, the period for notifying SGK starts from the date of learning. In occupational disease, the employer’s notification obligation is three business days from the date of learning.

These periods do not mean that the employee has a three-day period to file a compensation action. For independent workers under 4/b, notification and entitlement conditions are different. If the employer fails to report, application to SGK and preservation of evidence should be assessed separately.

Time limits and documents to be signed are examined together

In compensation claims against the employer based on breach of contract, the ten-year statute of limitations in TBK Art. 146 generally comes into play. The starting date, developing loss, the legal ground of the claim and claims directed at other responsible parties may require different assessments. The time limits for SGK procedures, criminal complaints and legal remedies are not the same as this period.

It should not be assumed that waiting for the criminal file or the health assessment to conclude stops all time limits. A release (ibraname), settlement, payment or reconciliation document should be reviewed before signing, with regard to which losses it covers and its effect on other claims.

How do we handle the file?

  1. Identifying the event and urgent steps

    Accident or exposure dates, employment status, health condition, existing notifications and official notifications are examined. The evidence that must be preserved without delay and the time limits for applications and objections are identified.

  2. Combining medical and technical records

    Health documents, SGK records, workplace conditions, assignment of duties and wage information are compared. In occupational disease, the work and exposure history at different workplaces is also investigated.

  3. Clarifying the claim and the counterparty

    The rights sought from the Institution are separated from the claims to be directed at the employer or other responsible parties. A legal roadmap is built on the relationships between fault, calculation, insurance coverage and the criminal file.

  4. Application, action and follow-up of decisions

    Applications or actions suited to the file are conducted; health, fault and calculation reports are scrutinized. The enforcement of decisions, payment and collection, and the necessary legal remedies are followed within the agreed scope of service.

From Antalya to files across Türkiye

Güneş & Güneş Law Firm, founded in Kemer on March 18, 1999 and based in Antalya since 2007, follows legal processes across Türkiye. In fields such as tourism and hospitality, construction, agriculture and greenhouse farming, manufacturing, mining and transport, the working conditions of the event are assessed specifically for the file. In work involving foreign workers or assignments abroad, the applicable law, social security agreements, jurisdiction and document needs are examined separately. Communication is offered in Turkish, English, German and Russian.

Which documents are needed for the first assessment?

The first meeting can begin with the documents at hand. The list below is narrowed or completed according to the nature of the file; not all documents need to be available together for every application.

Basic information and documents

  • A brief description of the event or illness; dates of the accident, diagnosis, learning and official notification.
  • The workplace, the work performed, hiring and leaving dates and assignment information; existing SGK service records.
  • The accident report on hand, the SGK notification or application record and letters from the Institution.
  • Relevant treatment, sick-leave and health board documents; existing incapacity-for-work decisions.
  • If any, the investigation or case number, decision, official notification and documents signed earlier.

Items that may be requested depending on the file

  • Payroll, bank payments, and records on occupation and actual earnings.
  • Risk assessment, training, equipment, maintenance and inspection records; subcontractor and assignment documents.
  • In occupational disease, the work and exposure history, environmental measurements and records of previous workplaces.
  • Lawfully obtained photographs and images; witness information and expert reports.
  • In the event of death, documents on the family relationship and support relationship; care or funeral expenses and relevant policies.

You can save the list through your browser’s print option. Send the documents after the need and a secure sharing method have been determined; do not share your e-Devlet password or electronic signature key.

Scope of the service and working conditions

Scope of service and fees

At the first meeting the stage of the file, urgent time limits, the support requested and document needs are determined. Acceptance of the file takes place after the conflict-of-interest check and agreement on the scope of the work. The attorney’s fee and court fees, expert, medical examination, translation and other expenses are assessed separately; the minimum fee tariff in force is observed.

Information and secure sharing

Which of the SGK application, compensation action, recourse and criminal file are included in the service is clarified. Developments are communicated through the agreed channel; health and employment documents are shared securely only within the scope needed. The authorities required in the power of attorney for representation are determined separately. A consultation request alone does not create a representation relationship or suspend statutory time limits.

Frequently asked questions

Can I apply if I was not registered for social insurance?

The employer’s failure to report insurance entry does not by itself remove all rights of a person actually working under an employment contract. The fact of employment, the scope of insured status and the nature of the event are investigated. Determination of the work accident and, where necessary, determination of insured service periods are different claims; the procedure and time limits of each are examined separately.

What happens if the illness appears after leaving the job?

A diagnosis made after leaving the job does not by itself remove the possibility of an occupational disease. The relationship between earlier jobs and the illness, exposure, the liability period (yükümlülük süresi) and the special assessment conditions in Law No. 5510 Art. 14 are examined. If the person worked at more than one workplace, the records of each period may matter.

Can a traffic accident on a company shuttle or a business trip also be a work accident?

A traffic accident that occurs on the way to or from work in a vehicle provided by the employer, or during an assignment, may also be assessed as a work accident if the statutory conditions are met. Not every daily commute automatically falls within this scope. Claims under compulsory motor liability insurance and claims against other responsible parties are also examined separately; the same loss cannot be collected twice.

Does attributing fault to the employee remove all claims?

It does not have such a result by itself. The employee’s conduct, the employer’s obligations of prevention and supervision, causation and, where there are any, other responsible parties are assessed together. The fault or causation review may affect the acceptance and amount of the claim; the statutory conditions of their own also apply to SGK rights.

If the employer makes a payment, is the file closed?

The loss item for which the payment was made, its adequacy and the legal nature of the signed document should be examined. The release provisions on employee claims, the conditions of a settlement and the consequences of any criminal reconciliation are not the same. A payment or document does not by itself remove SGK’s right of recourse either.

Does an acquittal in the criminal file prevent compensation?

An acquittal does not by itself mean that all compensation claims are rejected. Under TBK Art. 74, the assessment of fault and loss differs in criminal and civil adjudication. However, final findings of material fact and the evidence in the criminal file are also assessed separately for the civil action.

Are the compensation amount and the duration of the case known in advance?

No exact amount or time to result can be promised. Wage, age, loss of working capacity, support relationship, fault, payments and the applicable calculation and interest rules affect the result. The stages of SGK review, medical assessment, expert examination and legal remedies may change the duration. After the documents are reviewed, a file-specific assessment is made.

Which steps are examined first from the employer’s side?

Timely notifications, preservation of event and occupational health and safety records, assessment of the relevant policies and preparing responses to existing claims are priorities. The SGK inspection, recourse claim, compensation and criminal files are planned together. Rather than producing documents afterwards or altering records, the accuracy and integrity of existing records should be preserved.

Related legal services

Official sources and scope note

Source check: October 4, 2026. Legislation and application conditions should be reviewed again on the date of the relevant procedure.

This page is for general information. The application route, time limit, liability and the scope of the claim are determined on the basis of the documents of the specific case and the legislation to be applied.

Let us assess the legal position of your file together

You can send your consultation request with a brief summary of the accident or illness, your employment status and, if any, SGK, investigation or case information. Let us identify the routes to follow, the urgent steps and the necessary documents in the first assessment.

Subject of the application: Work Accident and Occupational Disease Cases

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