Best Workers Compensation Lawyers in Serdivan

About Workers Compensation Law in Serdivan, Turkey

Workers Compensation Law in Serdivan, as in the rest of Turkey, is designed to protect employees who are injured or become ill due to work-related reasons. The law ensures that employees receive necessary medical treatment, income support, and compensation for workplace injuries or occupational diseases. The system is regulated nationally by Turkish Social Security Institution (SGK), but local applications and enforcement take place in regions like Serdivan. Both public and private sector employees are generally covered under these regulations.

Why You May Need a Lawyer

Navigating Workers Compensation cases can be complex, and there are several situations where professional legal advice is essential:

• If your claim for compensation has been denied, delayed, or disputed by your employer or the insurance provider.
• When the compensation or medical benefits offered do not fully cover your injury or lost wages.
• If your injury leads to long-term disability, affecting your capacity to work.
• In situations involving severe accidents, occupational diseases, or fatalities at the workplace.
• When facing retaliation, discrimination, or wrongful termination after filing a compensation claim.
• To ensure all procedural requirements are met and no deadlines are missed in filing your claim or appeal.
• If you feel pressured to return to work before full recovery or to accept an unfavorable settlement.

Local Laws Overview

Workers Compensation in Serdivan is bound by the general regulations established by Turkish law, mainly the Social Insurance and General Health Insurance Law No. 5510. Key aspects relevant to Serdivan include:

• Eligibility: All registered employees are eligible for compensation for both workplace accidents and occupational diseases.
• Reporting Requirements: Workplace accidents must be reported to the employer immediately and to the Social Security Institution (SGK) within three working days.
• Medical Assessment: SGK-approved healthcare institutions assess injury and disability details to determine the extent of compensation.
• Compensation Coverage: Includes medical expenses, temporary or permanent incapacity benefits, wage loss compensation, and in the case of death, survivor benefits to dependents.
• Employer Obligations: Employers must provide safe working conditions, report incidents, and maintain insurance coverage for their employees.
• Dispute Resolution: Disagreements can be addressed first within SGK, followed, if necessary, by filing a case in local labor courts (İş Mahkemesi) in Serdivan.
• No-Fault Principle: Employees can receive compensation even if the accident happened without anyone's direct fault, although compensation may be reduced in case of gross employee negligence.

Frequently Asked Questions

What types of incidents are covered by Workers Compensation in Serdivan?

All work-related accidents and occupational diseases arising directly from employment activities are covered. This includes accidents occurring during work, travel related to work, or activities on behalf of the employer.

Who is eligible for Workers Compensation benefits in Serdivan?

All employees registered with SGK, including Turkish citizens and foreign workers with work permits, are eligible. Unregistered (uninsured) workers may face complications but can still seek legal assistance.

What benefits can I receive after a workplace injury?

Benefits may include medical treatment costs, temporary or permanent disability payments, wage loss compensation during recovery, and rehabilitation support. In case of death, the family or dependents may receive survivor benefits.

What steps should I take after a workplace accident?

Seek medical attention immediately, report the incident to your employer, ensure the accident is reported to SGK within three working days, and collect any evidence or witness statements regarding the incident.

How long do I have to file a claim?

Workplace accidents must typically be reported within three working days. Delaying report can complicate the claim process and potentially reduce eligibility.

What if my employer did not insure me?

You are still entitled to compensation. The employer may face legal sanctions for failing to register you. It is strongly advised to consult a lawyer to support your claim and defend your rights.

Can I appeal if my claim is denied?

Yes, you have the right to appeal first within the SGK administrative process, and later, if necessary, file a lawsuit in the local labor courts (İş Mahkemesi) serving Serdivan.

Are commuting accidents covered?

Generally, accidents occurring during the regular commute to and from work may be covered if it is deemed part of your work-related duties, but special conditions may apply.

Is it necessary to hire a lawyer for a Workers Compensation claim?

While not mandatory, hiring a lawyer is strongly recommended in disputed, complex, or high-value cases, or when dealing with severe injuries or employer non-compliance.

Can I be fired for claiming Workers Compensation?

No. Retaliation or termination of employment for filing a compensation claim is illegal under Turkish Labor Law. If this occurs, legal remedies are available.

Additional Resources

Several organizations and governmental bodies in Serdivan and Sakarya province can offer assistance or information regarding Workers Compensation:

• Social Security Institution (SGK) - Serdivan Branch: For claim applications, reporting, and benefits assessment.
• Serdivan Labor and Employment Directorate: For general employment rights and workplace safety.
• Local Bar Association in Sakarya: For access to legal professionals and free legal aid where eligible.
• Labor Courts (İş Mahkemesi), Sakarya: For formal dispute resolution and legal proceedings.
• Trade Unions and Workers’ Associations: For advocacy, legal support, and consultation services.

Next Steps

If you need legal assistance with a Workers Compensation matter in Serdivan, consider the following steps:

• Document your injury or illness, collect medical records, and ensure your employer files the required report with SGK immediately.
• Contact your local SGK branch or Labor Directorate for initial guidance and to begin your claim process.
• If complications arise, consult the Sakarya Bar Association to find an experienced Workers Compensation lawyer or access legal aid.
• Prepare all relevant evidence, including witness statements and employer correspondence, for your lawyer and any hearings.
• Follow your lawyer's advice regarding appeals, negotiations, or court proceedings for the best possible outcome.