An employee who has a work accident in Antalya first applies to the Social Security Institution (SGK) for compensation for the victimization he/she has experienced. However, the compensation paid by the SGK may not cover all the damages caused by the work accident. At this point, the non-SGK litigation rights of the victimized employees come into play. As Atty. Arb. Billur Güler Aslım Law Firm, we provide legal support to employees who have had a work accident in Antalya and we would like to inform you about this issue.
What Should Be Done If Social Security Compensation Is Insufficient?
The Social Security Institution pays compensations such as treatment expenses, temporary incapacity benefits, and disability benefits resulting from a work accident. However, these payments may not cover all damages suffered as a result of a work accident. For example, lost income, future treatment expenses, moral damages, and other material damages may not be covered by the Social Security Institution. In this case, the employee may seek their rights by filing a lawsuit outside of the Social Security Institution.
What are the conditions for filing a lawsuit outside of SSI?
In order to file a lawsuit outside of the Social Security Institution, certain conditions must be met. First of all, the work accident must be caused by the employer's fault. If the employer does not take work safety precautions, does not provide the necessary training, or has other faults, the employee can file a lawsuit against the employer. In addition, the fact that the compensation paid by the Social Security Institution does not fully cover the damage suffered is another important reason to file a lawsuit.
Determination of Employer Fault
In order to determine employer fault, the place where the work accident occurred must be examined, witness statements must be taken and expert reports must be evaluated. This process is a complex stage that requires legal expertise. As Atty. Arb. Billur Güler Aslım Law Firm, we support you with our experienced lawyers in determining employer fault.
How to File a Compensation Lawsuit?
A non-SGK compensation lawsuit must be filed within one year from the date of the work accident. This period is an important issue that may lead to loss of rights. The lawsuit is filed in the civil court of first instance where the work accident occurred. In the lawsuit, it is very important to document and prove the damage suffered. Evidence such as medical reports, invoices, income documents and witness statements directly affect the outcome of the case.
What Damages Are Compensable?
When a non-SGK lawsuit is filed, compensation may be requested for various items of damage. These include:
Material Damages:
* Lost income: Income lost as a result of not being able to work due to a work accident.
* Treatment expenses: Treatment expenses that are not covered by SSI or are covered inadequately.
* Future treatment costs: Projected future treatment and care costs.
* Disability compensation: Loss of income due to permanent incapacity to work.
* Funeral expenses: Funeral expenses incurred in the event of death as a result of a work accident.
Non-pecuniary Damages:
* Pain and suffering: Physical and mental pain and suffering experienced due to a work accident.
* Disruption of the normal flow of life: Non-pecuniary damage resulting from the disruption of the normal flow of life due to a work accident.
The Role of Billur Güler Aslım Law Firm in Work Accident Cases in Antalya
As Atty. Arb. Billur Güler Aslım Law Firm, we provide legal support to employees who have had a work accident in Antalya. With our long-standing experience and expert staff, we assist you in your work accident cases in the most effective way. We work to protect your rights and ensure that you receive the highest compensation at all stages of your cases. By developing legal strategies specific to you, we do our best to eliminate the victimization you have experienced as a result of a work accident.
If you have had a work accident and do not know your rights, please do not hesitate to contact Atty. Arb. Billur Güler Aslım Law Firm. You can get detailed information about your cases by taking advantage of our free preliminary meeting. Remember, with the right legal support, you can defend your rights in the most effective way.
A work accident is a very difficult process for employees. However, with the right legal support, it is possible to eliminate your grievances and protect your rights. As Atty. Arb. Billur Güler Aslım Law Firm, we will continue to support employees who have a work accident in Antalya.