Liability of the employer and third parties for occupational accidents, occupational diseases and illnesses
ARTICLE 21- If the occupational accident and occupational disease occurred as a result of the employer’s intent or an act contrary to the legislation on the protection of the health of the insured and occupational safety, the sum of the payments made or to be made in the future by the Institution to the insured or his beneficiaries in accordance with this Law and the first advance capital value of the income on the date of commencement shall be made to pay to the employer by the Institution, limited to the amounts that the insured or his beneficiaries may claim from the employer.
The principle of inevitability shall be taken into consideration in determining the employer’s liability.
In the event that the employer fails to notify the Institution of the work accident within the period specified in subparagraph (a) of the second paragraph of Article 13, the temporary incapacity benefit to be paid to the insured for the period until the notification date shall be collected from the employer by the Institution.
The temporary incapacity allowance paid to the insured by the Institution due to the disease of the insured, which is determined to have existed before entering this job or which occurred as a result of the employment of the insured in a job for which a medical report is required in the labor legislation, without relying on such a report or contrary to the available report, shall be charged to the employer.
If the occupational accident, occupational disease or illness is caused by the fault of a third party, the payments made or to be made in the future to the insured and his/her beneficiaries and half of the first advance capital value of the income on the date of commencement shall be recourse to the third parties who caused the damage and, if they are at fault, to those who employ them.
If the occupational accident, occupational disease or illness occurred as a result of the acts of public officials, privates, conscripts and other persons assigned by public administrations as a requirement of their duties, no recourse shall be made to the institution or the relevant persons for the payments made to the insured or his/her beneficiaries or for the income connected, except for those who have a finalized conviction decision against them due to these acts. Furthermore, in case of death as a result of occupational accident or occupational disease, the Institution shall have no recourse for the income and allowances to be granted to the beneficiaries in accordance with this Law, to the beneficiaries who are at fault in the occurrence of the occupational accident or occupational disease or to the beneficiaries of the insured who died as a result of the occupational accident.
Source: Labor Law No. 4857
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