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Definition, notification and investigation of work accidents and notification period

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SSI Law No. 5510;

ARTICLE 13- An occupational accident is an event that occurs in the following situations and causes the insured to become physically or mentally disabled immediately or later;

a) While the insured is at the workplace,

b) (Amended: 17/4/2008-5754/8 Art.) Due to the work being carried out by the employer, if the insured is working independently on his own behalf and account, due to the work he is carrying out,

c) The time spent by the insured, who works for an employer, without performing his/her main job due to being sent to a place other than the workplace on duty,

d) (Amended: 17/4/2008-5754/8 Art.) The first paragraph of Article 4 of this Law

The breastfeeding female insured within the scope of subparagraph (a), during the time allocated for breastfeeding her child in accordance with the labor legislation,

e) During the transportation of the insured to and from the place of work by a vehicle provided by the employer.

An occupational accident must be reported by the employer who employs the insured within the scope of subparagraph (a) of the first paragraph of Article 4;

a) For the insured within the scope of subparagraph (a) of paragraph one of Article 4 and Article 5, by the employer who employs them, to the competent law enforcement authorities immediately and to the Institution within three working days after the accident at the latest,

b) For the insured within the scope of subparagraph (b), by himself/herself, within three working days after the day on which his/her illness does not prevent notification, provided that it does not exceed one month,

c) (Repealed: 17/4/2008-5754/8 Art.)

(Amended paragraph: 17/4/2008-5754/8 Art.) must be notified to the Institution directly or by registered mail with a work accident and occupational disease declaration. The period specified in subparagraph (a) of this paragraph starts from the date the work accident is learned if the work accident occurs in places outside the control of the employer.

In order to reach a decision on whether the event reported to the Institution will be deemed as an occupational accident or not, an investigation may be carried out by the officers authorized by the Institution with supervision and control or by the labor inspectors of the Ministry. At the end of this investigation, if it is understood that the matters notified in writing do not correspond to the truth and the event is not an occupational accident, the payments made by the Institution for this event are collected from those who have made false notifications from the date of payment according to the provision of Article 96.

The form and content of the occupational accident and occupational disease declaration, the method of submission and the procedures and principles regarding the implementation of this article shall be regulated by a regulation to be issued by the Institution.


Source: Social Security Law No. 5510
Legal Notice: The information in this article is intended for information purposes only. It is not intended for professional information purposes specific to a person or an institution. Every institution has different requirements because of its own circumstances even though they bear a resemblance to each other. Consequently, it is your interest to consult on an expert before taking a decision based on information stated in this article and putting into practice. Neither MuhasebeNews nor related person or institutions are not responsible for any damages or losses that might occur in consequence of the use of the information in this article by private or formal, real or legal person and institutions.


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