How is Compensation Calculated in Occupational Accidents?

Occupational accidents bring about sensitive processes that must be managed with diligence, involving legal and financial dimensions for both employees and employers. One of the most important legal remedies applied to resolve grievances after a severe accident is a lawsuit for damages. In this article, we cover the basic elements of compensation calculations in occupational accidents and explain how the process works.

Types of Compensation That Can Be Claimed After an Occupational Accident An employee who suffers bodily harm as a result of an occupational accident, or their relatives in case of death, can claim two main types of compensation:

Material Damages It aims to cover the loss of earnings, treatment expenses, and financial damages arising from the decrease in the employee's capacity to work (disability) due to the accident. In accidents resulting in death, the claim for 'loss of support' (destekten yoksun kalma) comes into play.

Moral Damages It is the amount determined by the court to alleviate, to some extent, the physical pain, suffering, and psychological distress experienced by the employee or their relatives due to the accident.

Key Criteria Taken Into Account in Calculating Damages Compensation calculations in occupational accidents are not performed using a standard, one-size-fits-all formula. The process is conducted by actuarial experts, taking into account all dynamics of the concrete case. The primary factors in this calculation are: - Fault Rate: The fault (negligence) rates of the employee and the employer in the occurrence of the accident form the basis of the calculation. The employer is only liable to pay damages corresponding to its own fault rate. - Disability Rate: The percentage of permanent physical or mental damage left by the accident on the employee, as determined by the social security medical board. - Net Income: The employee's actual wage and regular benefits at the date of the accident are included in the calculation. - Remaining Life Expectancy and Active Working Period: The employee's remaining life expectancy based on life tables and their active working period until retirement age are calculated.