Work accidents are one of the risky aspects of business life and events that threaten the health and safety of employees. The rights of workers who have a work accident and the responsibilities of the employer are regulated by the Labor Law and the Occupational Health and Safety Law in Turkey. Employers must fulfill certain obligations towards their workers who have a work accident. In this article, Employer’s legal responsibilities towards workers who have a work accident and we will discuss the things to consider in this process.
What is a Work Accident?
Work accidents are events that the worker is exposed to at the workplace or while working for work and that cause physical or mental harm. A work accident can occur during the employee’s working hours, at the workplace, or anywhere assigned by the employer. According to the Occupational Health and Safety Law, the employer has various obligations in cases of work accidents.
Employer’s Responsibilities After Work Accident
When a work accident occurs, the employer’s primary responsibility is to protect the health of the worker. In addition, carrying out the legal processes correctly and recording the accident are among the legal obligations of the employer. Here are the responsibilities that the employer must fulfill after a work accident:
- Providing First Response and Health Assistance:
When a work accident occurs, the first thing the employer should do is to provide the worker with the necessary first aid and ensure that he or she benefits from emergency health services. The employer must direct the worker to the nearest health institution without delay after the accident and support him/her to receive the necessary treatment.
- Obligation to Report Work Accident:
The employer is obliged to report the work accident to the Social Security Institution (SGK). Work accident notificationmust be reported to SSI within three business days from the date of the accident. If the notification is not made on time, the employer may face criminal sanctions. Recording the work accident is necessary for the worker to claim compensation or benefit from insurance rights in the future.
- Making a Work Accident Report and Accident Investigation:
The employer must prepare a detailed accident investigation report after the work accident. The cause of the work accident, the conditions under which the worker was working at the time of the accident, and the way the accident occurred should be included in this report. This report is important to understand the causes of the work accident and to prevent the recurrence of similar accidents in the workplace. It is also a document that may be requested by labor inspectors or insurance institutions.
- Reviewing Occupational Health and Safety Measures:
A work accident may indicate that the safety measures to be taken at the workplace are inadequate. For this reason, after a work accident, the employer should review occupational health and safety measures and increase these measures if necessary. In order to prevent recurrence of work accidents, employees should be given necessary training, safety equipment should be provided and regular checks should be carried out at the workplace.
Work Accident Compensation and Financial Liability of the Employer
After a work accident, the employer must undertake some financial obligations in order to compensate for the employee’s grievance. An employee who has a work accident may request material and moral compensation from the employer. If the worker suffers bodily harm, loss of workforce, or permanent incapacity for work, the employer must compensate for this damage.
- Financial Compensation:
In order to compensate the financial losses suffered by the employee as a result of a work accident, the employer Workers’ rights after a work accident must pay financial compensation. This compensation is determined according to the worker’s treatment expenses, loss of income and incapacity for work. It is the employer’s responsibility to cover the loss of income experienced by the employee during the time he is unable to work due to a work accident.
- Non-pecuniary Compensation:
The employer may have to pay non-pecuniary compensation due to the psychological damage and pain experienced by the employee as a result of a work accident. Non-pecuniary compensation is paid to compensate the worker for the non-pecuniary damage caused by the accident.
- Permanent Disability Income:
If the worker becomes permanently incapacitated as a result of a work accident, the employer and SSI must pay permanent incapacity income to the worker. If a work accident causes the worker to lose his working capacity completely or partially, this income paid by SSI provides an important assurance for the worker to survive.
Precautions That Employers Should Take to Prevent Work Accidents
In order to avoid occupational accidents, the employer must comply with occupational health and safety measures at the workplace. Some precautions that employers can take to prevent work accidents are:
- Providing Occupational Health and Safety Training to Employees: Employees should be given regular occupational health and safety training to prevent work accidents. Employees’ knowledge of safe working procedures plays an important role in preventing accidents.
- Providing Protective Equipment: The employer must provide the necessary personal protective equipment to ensure the safety of employees. For example, the use of equipment such as helmets, gloves, masks and glasses should be made mandatory in the workplace.
- Regular Checks and Inspections: To create a safe working environment at the workplace, the employer must conduct regular inspections and inspections. During these checks, deficiencies should be identified and corrected.
Conclusion
Employers have important responsibilities towards workers who have a work accident. Preventing occupational accidents is possible by taking occupational health and safety measures in the workplace. However, when a work accident occurs, the employer must provide the necessary health assistance to the employee, report the accident and pay material and moral compensation. If employers fail to fulfill these responsibilities, it is inevitable that they will face criminal sanctions. It is of great importance that both employers and employees are aware of occupational health and safety in order to avoid occupational accidents.
