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NEWS LETTER 2 0 1 0
212
Work Injuries within the Scope of Social Security
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The concept of “work injury” can be defined as damages arising out
of the non-attainment of necessary precautions in a workplace. From this
point of view, under Turkish Law this concept is related to both individual
labor law and social security legislation. For this purpose, it is regulated
under Labor Law and Social Insurance Legislation.
Article 13 of the Social Insurance and General Health Insurance Law
No.5510 (hereinafter referred to as the “SIL”), which is in force, defines
work injury as follows:
“a work injury is an event which hinders the insured party
in body or mind immediately or later on and which occurs;
a) when the insured party is at the workplace,
b), b) if the insured party is working independently in
his or her own name and account because of the work
assigned by the employer, during the conduct of work,
c) if the insured party is working committed to an employer
and is sent somewhere other than his or her own place,
during the time he or she was not conducting essential
work.
d) d) if the insured party is a breastfeeding woman under
the scope of Article 4 first sub article paragraph (a), then
during the times reserved for breastfeeding the baby,
e) during the transportation of the insured party to or from
the workplace by a vehicle allocated by the employer.”
1.
Work injuries occurring when the insured party is at the workplace
The “workplace” is defined under Article 11 of the SIL as a place
where the insured parties conduct their work with material or non-material
elements. In the same way, the places connected to the workplace in terms
of products manufactured or services provided, the places for resting,
breastfeeding, dining, sleeping, washing, examination and care, sports or
professional education, other auxiliary areas such as courtyards, offices,
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Article of July 2010