Work accident, work accident by work accident lawyers, Work accident, Work accidents that occur during periods of time without work due to the work being carried out at the moment when the insured is at the workplace, because the employee is sent to another region by the employer on duty, or during the trip to the place where the work is performed and cause physical and mental injury to the employee are called work accidents.
BY WHOM AND IN WHAT TIME SHOULD AN ACCIDENT AT WORK BE REPORTED?
The occupational accident must be reported by the employer to the security forces immediately and to the Social Security Institution within 3 working days from the accident. If the employer has not made a malicious notification, the occupational accident, the accident lawyers should be notified to the institution immediately by the employee of the occupational accident.
WHAT SHOULD BE DONE AFTER A WORK ACCIDENT HAS OCCURRED?
As a result of a work accident, the employee should be taken to the nearest health facility for treatment. After that, the employee should be paid a temporary incapacity benefit due to a work accident during the treatment period. However, according to the disability report, in case of disability over 10%, the employee is connected monthly. The occupational accident lawyer should examine this issue seriously.
WHAT IS THE EMPLOYER’S RESPONSIBILITY FOR AN ACCIDENT AT WORK?
According to the opinion of the occupational accidents lawyer, the employer is considered to have perfect liability based on the hazard for the damage caused due to the occupational accident.
According to the hazard (risk) principle, which is the principle on which the Court of Cassation is based, the employer is liable for the damage caused even if he has no fault in the accident.
As occupational accident lawyers also face, judgment is made over this rule in employment cases and most of the time the defendant companies face compensation.
“…The risk principle and the liability caused by it are explained in a Supreme Court decision as follows:
Indeed, harmful consequences arising from some dangerous pursuits can sometimes occur outside of human action and will. Even if there is no possibility to avoid and prevent the consequences of activities and behaviors that create certain dangers in the external environment, those who benefit from these activities should be responsible for this.
The source of liability for damage arises depending on the hazard. Within the framework of this opinion, which is characterized and accepted as a risk theory, people who aim to provide useful jobs to society with their body strength are protected.
As an occupational accident lawyer, our opinion here is that the employer’s liability for an occupational accident is not only related to November or damages caused as a result of an act contrary to the provisions of legislation on health protection and occupational safety or considered a crime, but also includes perfect liability based on the hazard (risk) principle.
Because, with the employment contract, the employer undertakes to protect his employee from work and workplace hazards, as well as the damages that will arise from dangers that cannot be prevented, he is deemed to have committed….”
