Workplace Accidents in Turkey: Protecting Your Business and Your Employees

Turkey has one of the highest rates of workplace accidents globally, with nearly 2,000 work-related fatalities reported in 2024 alone. Workplace safety is not just a legal obligation; it's a critical factor in the success and sustainability of your business. 

As a business owner, understanding the legal framework, financial implications, and proactive steps you can take to prevent accidents is paramount. This Lawzana article provides essential information on navigating workplace accidents, minimizing risks, and ensuring compliance with Turkish labor laws.

Understanding the Scale of the Problem

The construction sector in Turkey has the highest number of workplace fatalities, followed by transportation and agriculture. These accidents not only cause immense human suffering but also significantly impact the Turkish economy through lost productivity and healthcare costs.

Alarmingly, studies suggest a substantial gap between official statistics and the actual number of workplace accidents, particularly those involving vulnerable workers such as children and migrants. This underreporting can mask the true extent of workplace safety issues in the country.

Legal Framework Protecting Workers in Turkey

Turkey has established a legal framework to protect workers' rights and safety, primarily through the Law on Occupational Health and Safety No. 6331, enacted in 2012. This legislation provides the foundation for:

• Preventing workplace accidents
• Protecting employee well-being
• Mandating employer responsibility for safety measures
• Outlining employee rights after accidents

Under Turkish law, a "workplace accident" is defined as any accident that occurs:

• During work activities
• On the way to work
• On the way from work
• That results in injury, illness, or death

The Business Impact of Workplace Accidents

The construction sector in Turkey experiences the highest number of workplace fatalities, followed by transportation and agriculture. However, accidents can occur in any industry, and the consequences extend far beyond immediate medical costs. Consider these impacts:

Financial Costs:

• Workers' Compensation Claims: The Social Security Institution (SGK) mandates benefits for injured workers, including medical treatment, temporary and permanent disability payments, and death benefits. These costs directly impact your business's bottom line.
• Increased Insurance Premiums: A higher frequency of accidents will inevitably lead to increased workers' compensation insurance premiums.
• Lost Productivity: Accidents disrupt operations. Time is lost due to the incident itself, investigations, finding and training replacement workers, and decreased morale among remaining employees.
• Legal Fees and Potential Lawsuits: If negligence is proven, your business could face significant legal fees, compensation payments (potentially exceeding SGK coverage), and even criminal charges in cases of gross negligence.
• OSHA Fines: Failure to comply with Occupational Health and Safety Law No. 6331 can result in substantial fines.

Operational Disruptions:

• Project Delays: Accidents can halt projects, leading to missed deadlines, contract penalties, and damage to client relationships.
• Equipment Damage: Accidents often damage equipment, requiring costly repairs or replacements, further delaying operations.
• Reduced Efficiency: Even if operations continue, the aftermath of an accident can significantly reduce overall efficiency due to investigations, safety reviews, and lowered employee morale.

Reputational Damage:

• Employee Morale and Retention: A poor safety record can damage employee morale, leading to increased turnover and difficulty attracting qualified personnel. A safe workplace is a key factor in employee satisfaction and retention.
• Public Perception: News of workplace accidents can severely damage your company's reputation, impacting your ability to attract customers, investors, and partners.
• Difficulty Attracting Talent: In a competitive job market, a reputation for unsafe working conditions will make it harder to recruit skilled employees.

Understanding the Legal Framework and Law No. 6331

Turkey's Occupational Health and Safety Law No. 6331, enacted in 2012, is the cornerstone of workplace safety regulations. It places the primary responsibility for a safe working environment on you, the employer. Key provisions include:

• Mandatory Risk Assessments: You are legally obligated to conduct regular risk assessments to identify potential hazards and implement preventative measures.
• Employee Training: Providing comprehensive safety training to all employees is mandatory, covering topics such as hazard identification, safe work procedures, and the proper use of personal protective equipment (PPE).
• Health and Safety Committees: Depending on the size and nature of your business, you may be required to establish a health and safety committee to facilitate communication and collaboration on safety matters.
• Reporting Requirements: Workplace accidents must be reported to the SGK within five days. Serious injuries and fatalities must also be reported to the police. Failure to report can result in penalties.
• Definition of Workplace accident: Includes any accident that happens: During work activities, on the way to and from work, that can cause injury, illness or death.

Your Responsibilities and Liabilities

As a business owner, you are liable for accidents that occur due to:

• Negligence: Failure to provide a safe working environment, adequate training, or proper equipment.
• Gross Negligence: Deliberate disregard for safety regulations, leading to serious injury or death. This can result in criminal charges and significantly higher compensation claims.
• Third-Party Liability: Even if a third party (e.g., a contractor or equipment manufacturer) contributes to the accident, you may still bear some responsibility.

The Compensation Process and Potential Costs

Following a workplace accident, your employee is entitled to benefits through the SGK, including:

• Medical Treatment: All medical expenses related to the injury are covered at state hospitals.
• Temporary Disability Benefits: Income replacement is provided during the recovery period.
• Permanent Disability Benefits: A pension or lump-sum payment is provided based on the degree of disability.
• Death Benefits: Financial support is provided to the dependents of a worker killed in a workplace accident.

Beyond SGK and Potential Legal Action

It's crucial to understand that SGK benefits may not be the end of your financial obligations. If negligence is established, your employee (or their family) can pursue a personal injury lawsuit against your business, seeking additional compensation for:

• Pain and Suffering: Damages beyond the direct financial losses.
• Loss of Future Earnings: Compensation for the long-term impact on the employee's earning capacity.
• Punitive Damages: In cases of gross negligence, courts may award punitive damages to punish your business and deter future unsafe practices.

Statute of Limitations: Be aware that there are time limits for filing claims. While worker's compensation claims generally need to be filed within 5 days, personal injury lawsuits have a longer window (typically 2 years), but these deadlines are crucial. Missing them can absolve your business of liability, but proactive prevention is always the better strategy.

Challenges and Proactive Solutions

While the legal framework exists, challenges remain:

• Underreporting: Many accidents, especially in the informal sector, go unreported. This creates a false sense of security and hinders efforts to improve safety.
• Bureaucracy: The compensation process can be complex and time-consuming, making it difficult for both employers and employees.
• Limited Enforcement: While the laws are strong, enforcement can be inconsistent due to limited resources and inspectors.

Proactive Steps to Protect Your Business:
The best way to manage the risks associated with workplace accidents is to prevent them from happening in the first place. Here's a proactive approach:
Develop a Comprehensive Safety Program:

• Risk Assessments: Regularly identify and assess potential hazards in all areas of your operations.
• Safety Policies and Procedures: Create clear, written policies and procedures for all tasks, emphasizing safety at every step.
• Emergency Response Plan: Develop and regularly practice a plan for responding to accidents, including first aid, evacuation, and communication protocols.
• Regular Inspections: Conduct frequent inspections of your workplace to identify and correct unsafe conditions.

Invest in Employee Training:

• Initial and Ongoing Training: Provide comprehensive safety training to all new hires and ongoing refresher training for all employees.
• Job-Specific Training: Tailor training to the specific tasks and hazards associated with each role.
• Proper use of machinery training: Workers should be trained to safely use machinery, and handle hazardous materials.
• Protecting young workers: Young workers are at more risk, extra care should be taken with training and supervision.
• Documentation: Maintain detailed records of all training provided, including dates, topics covered, and attendees.

Provide and Maintain Safe Equipment:

• Regular Maintenance: Implement a preventative maintenance program for all equipment and machinery.
• Proper Use Instructions: Ensure that clear instructions and warnings are available for all equipment.
• Personal Protective Equipment (PPE): Provide appropriate PPE (e.g., safety glasses, gloves, hard hats) and enforce its use.

Foster a Culture of Safety:

• Open Communication: Encourage employees to report hazards and near misses without fear of reprisal.
• Employee Involvement: Involve employees in safety committees and decision-making processes.
• Leadership Commitment: Demonstrate a visible and consistent commitment to safety from the top down.
• Incentivize Safety: Consider implementing a safety incentive program to reward employees for proactive safety behaviors.

Stay Informed and Compliant:

• Regularly review updates to Occupational Health and Safety Law No. 6331 and related regulations.
• Consult with legal and safety professionals to ensure your policies and procedures are up-to-date and compliant.
   

Join a Trade Union: Provides valuable support regarding safety and advocating for worker rights.

The Return on Investment (ROI) of Safety

Investing in workplace safety is not just a legal requirement; it's a smart business decision. A strong safety program can:

• Reduce Insurance Costs: Lower accident rates lead to lower workers' compensation premiums.
• Increase Productivity: A safer workplace is a more productive workplace.
• Improve Employee Morale and Retention: Employees are more likely to stay with a company that values their safety.
• Enhance Your Reputation: A strong safety record can attract customers, investors, and top talent.
• Avoid Legal Costs and Penalties: Proactive safety measures significantly reduce the risk of costly lawsuits and fines.

Need Expert Legal Help for Your Workplace Injury Incident?

Workplace accidents in Turkey pose a significant risk to businesses, both financially and reputationally. By understanding your legal obligations, implementing a robust safety program, and fostering a culture of safety, you can protect your employees, your business, and your bottom line. Prioritizing safety is not just the right thing to do; it's the smart thing to do. Seeking legal counsel specializing in Turkish workplace injury law is highly recommended, ensuring maximum protection and compliance. Lawzana can connect you with experienced work injury lawyers.

Find specialized work injury lawyers in Turkey on Lawzana to ensure you receive the compensation you deserve after a workplace accident.