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NEWS LETTER 2 0 1 0

214

under theRegulation forWorkingConditions of Pregnant andBreastfeeding

Women, Breastfeeding Rooms and Child Care Centers. For example, a

car crash that happened to a woman while she left work for breastfeeding

would be considered a work injury.

5.

Work injuries occurring during the transportation of the insured

party to or from the workplace by a vehicle allocated by the

employer

As can be understood from this Article, a traffic accident taking place

during the transportation to or fromaworkplace by a vehicle allocated by the

employer would also be considered a work injury. In order to apply such a

provision, the vehicle should be allocated by the employer and the accident

should take place on the way to or from the workplace. The ownership of

the vehicle does not have an impact in this case. The transportation could

be made by a vehicle belonging to a third party. The significant issue here

is the vehicle to be provided for the transportation of the insured parties to

the workplace. The previous wording of “collective transport” which took

place under Social Insurance Law no.506 was deleted form the contents of

the SIL; thereby the condition of collective transport has been eliminated.

Therefore, there is no difference between collective transport for social

purposes and allocation of individual transport.

Conclusion

Any incident other then the ones prescribed under the legislation

mentioned above as a work injury would not be considered within this

context.

A major amendment has been made by the social security report as to

notification and investigation of work injuries by the employers. Thus, if

an employee suffers a work injury, the employer must immediately inform

the competent police or gendarmerie forces and must inform the Social

Security Institution within three days. If the work injury occurs at a place

other then the places under the employer’s control, the prescription time

for informing the relevant authorities starts from the acknowledgement of

the work injury by the employer. It is obligatory to submit the work injury

or professional disease declaration to the Social Security Institution either

directly or by return receipt post. In cases where the necessary notifications