396 / 522
Benefit for Temporary Incapacity
Regarding the jurisprudence of the Court of Cassation
1
dated
before the General Terms entered into force; the SSI is deemed not
liable with the benefit for temporary incapacity. In accordance with the
above-mentioned jurisprudence, the SSI shall reimburse payments for
temporary incapacity to the insurer within the insurance limits, and to
the Operator.
However, pursuant to A.5/b, as it is clearly regulated, health expen-
ditures cover loss of work arising from the traffic accident. This regu-
lation may lead to an amendment of jurisdiction since the loss of work
until the victim provides a permanent disability report are deemed as
health expenditures and are added to the liability of the SSI, and the
liability of the insurance companies and Assurance Account is over.
Conclusion
The above-mentioned regulations are the necessity, and result of
the social state principle. Through these regulations, each person’s ini-
tial care can be realized with equal treatment at any Hospital.
Nevertheless, to compensate the damages from the SSI regarding ben-
efit for temporary incapacity, causes and will continue to cause prob-
lems since the liable person remains uncertain. It should also be
emphasized that the difficulty of obtaining a right from the SSI which
requires many frustrating procedures aggrandizes these problems.
Hopefully, in time, this system will work more justly and efficiently
so that the right holders will be compensated for their losses without
suffering from any other losses.
380
NEWSLETTER 2015
1
Decisions of the 10
th
Chambers of the Court of Cassation, dated 17.10.201, numbered
2014/15707 E., 2014/19889 K.; dated 18.3.2014, numbered 2014/5225 E., 2014/6200 K. and
dated 21.6.2013, numbered 2013/613 E., 2013/14151 K. may be given as example in the rele-
vant matter.