I Had a Workplace Accident in Turkey — What Are My Rights? How Compensation Is Calculated (2026)

A workplace accident can fundamentally change a person's life, both physically and financially.

One of the first questions that comes up afterward is: “SGK is already paying me — can I also claim compensation?”

The answer is usually yes — but the process needs to be understood correctly.

In this guide, we take a detailed look at your rights after a workplace accident and how compensation is calculated.

How Is a Workplace Accident Legally Defined?

Under Social Insurance and General Health Insurance Law No. 5510, a workplace accident is an event, occurring under circumstances listed in the law, that leaves the insured person physically or mentally impaired, immediately or later.

Certain accidents occurring at the workplace, outside the workplace while on an employer-assigned task, while traveling for work, or during the commute to and from work, can fall within this scope.

What Should I Do First After a Workplace Accident?

Reporting the accident to the employer and the relevant authorities within the required time is critically important.

Getting medical treatment, keeping all reports and documents related to the accident, and noting down witness information where possible all matter for both the SGK process and any compensation claim later.

What Payments Can I Get From SGK?

Depending on the nature of the accident, an insured person can benefit from SGK payments such as temporary disability allowance, or a permanent disability income in cases of lasting disability.

Can I Also Claim Compensation After Receiving SGK Payments?

Yes.

The payments SGK provides don't eliminate the employer's legal liability arising from their degree of fault.

If the employer is at fault, the insured person or their relatives can separately claim material and moral damages for the portion of the loss not covered by SGK payments.

Is the SGK Payment Deducted From the Compensation?

Yes — this is where the “no double compensation” rule comes in.

The capitalized value of the income SGK provides is deducted from the total compensation calculated; the goal is to prevent the same loss from being compensated twice.

How Is Material Compensation Calculated?

In practice, material compensation is calculated using actuarial (statistical) methods.

The calculation is primarily based on the insured person's income level, degree of disability, remaining working years, degree of fault, and data such as the TRH-2010 Life Table.

As a rough approximation, annual income, disability rate, remaining probable working years, and fault rate are multiplied together to arrive at a compensation figure — but the actual calculation is far more technical and is performed by a court-appointed actuarial expert.

How Does the Degree of Fault Affect the Outcome?

The degree of fault of the employer, the insured employee, and any third parties is determined through an expert assessment.

If the employee also bears some fault for the accident, the compensation awarded is reduced in proportion to that fault.

Whether the employer met its occupational health and safety obligations is a decisive factor in this fault assessment.

How Is Moral Compensation Determined?

There's no fixed legal formula that directly determines the amount of moral compensation.

The judge determines a fair amount considering the severity of the accident, the pain and suffering experienced by the insured person, the degree of disability, and the parties' economic circumstances.

Can Relatives Claim Compensation If the Accident Was Fatal?

Yes.

In fatal workplace accidents, relatives who relied on the deceased's support (spouse, children, parents, etc.) can claim loss-of-support compensation, as well as moral damages in their own name.

Can Liability Arise Even If the Employer Wasn't at Fault?

An employer having taken occupational health and safety measures doesn't necessarily eliminate liability entirely — whether the employer fully met its duty of care in the specific case is assessed separately.

What's the Statute of Limitations for a Compensation Lawsuit?

For compensation claims arising from a workplace accident, the general limitation periods arising from the employment contract and from tort law provisions are assessed together; it's important to clarify the applicable period for your specific case with a lawyer.

Is an Occupational Disease Treated the Same Way?

An occupational disease is a distinct concept from a workplace accident, but it's governed by separate provisions that grant the insured similar SGK payments and compensation rights.

What Not to Do

Not reporting the accident in time

Failing to meet the reporting deadline can create problems for both the SGK process and proving your claim.

Not keeping documents and reports

Medical reports, the workplace accident report, and witness information form the foundation of a compensation claim.

Settling for a verbal agreement with the employer

Rather than a verbal agreement that could amount to waiving your compensation claim, the process should be handled together with a lawyer.

Quick Checklist

1. Report the accident to your employer and the relevant authorities on time.

2. Keep all medical reports and documents.

3. Note down anyone who could serve as a witness.

4. Follow up on your SGK process.

5. Have a lawyer assess the fault situation and your compensation rights.

6. Pay attention to the applicable statute of limitations.

Frequently Asked Questions

My employer had me working without insurance — can I still get compensation?

While unregistered employment is a separate legal issue, your rights regarding compensation for the loss caused by the workplace accident can still be assessed — it's important to consult a lawyer about this.

The accident happened during my commute — does that count as a workplace accident?

Under certain conditions set out in the law, accidents occurring during the commute to and from work can also be considered workplace accidents.

Can I file the compensation lawsuit before the SGK process is finished?

How the processes should proceed can vary by situation — it's best to assess the optimal timing with a lawyer.

Since I was partly at fault, do I get no compensation at all?

Partial fault doesn't eliminate your right to compensation entirely — the amount claimed is simply reduced in proportion to your degree of fault.

Conclusion

The process following a workplace accident requires correctly managing both your relationship with SGK and any compensation lawsuit against the employer — an area that calls for technical knowledge.

Correctly determining the degree of fault and correctly calculating compensation directly affects the outcome.

Atalya Hukuk Bürosu provides legal counsel and litigation support in Antalya for labor law matters, including compensation claims arising from workplace accidents and occupational diseases.

This article is for general informational purposes only and does not constitute legal advice. Please consult a lawyer for a calculation and assessment specific to your situation.

Sources

• Social Insurance and General Health Insurance Law No. 5510
• Turkish Code of Obligations No. 6098 (employer's duty to protect the employee and tort provisions)
• Occupational Health and Safety Law No. 6331