Compensation Lawsuit for Finger Amputation in Workplace Accidents

Workplace accidents are serious events that affect both the physical and mental health of workers. Especially in cases of finger amputation and limb loss, these situations can significantly alter the lives of workers. This article will discuss the compensation rights of those who suffer bodily harm as a result of a workplace accident.

1. Definition and Scope of Workplace Accident
A workplace accident is defined under Article 13 of the Social Insurance and General Health Insurance Law (No. 5510). According to this law, accidents that occur at the workplace or during the execution of work and result in the physical or mental disability of the insured are considered workplace accidents.

2. Damages That May Arise From a Workplace Accident
A worker who experiences a workplace accident may face various types of damages, including:
• Physical damages (such as bone fractures, need for plates, and limb loss)
• Incapacity to work (temporary or permanent disability reports)
• Psychological effects (post-traumatic stress, depression)

Workplace accident victims can claim compensation under the provisions of tort law as stated in Article 51 of the Turkish Civil Code and subsequent articles.

3. Types of Compensation for Workplace Accidents
Workers who are victims of a workplace accident or their heirs in the case of death can claim both material and moral compensation.
In Case of Worker’s Death, the Heirs May Claim the Following Expenses:
• Funeral expenses
• Medical expenses (costs incurred before death)
• Damages resulting from the reduction or loss of the worker’s ability to work
• Loss of support compensation
In Case of Bodily Injury, the Following Compensation Can Be Requested:
• Medical expenses
• Loss of earnings
• Damages arising from the reduction or loss of working capacity
• Losses resulting from the disruption of the economic future

4. Compensation Calculation in Workplace Accidents
In compensation calculations, the worker’s net salary is taken as the basis, and possible salary increases in the coming years are considered. In the case of the worker’s death, damages for the active period, as well as the pension loss, are also taken into account. According to the Court of Appeals, the surviving spouse is entitled to a certain percentage of the pension loss.

5. Degree of Fault and Employer Responsibility
The degree of fault in a workplace accident is one of the most important factors directly affecting the amount of compensation.
• Whether the employer took the necessary safety measures
• Whether appropriate equipment and training were provided to the worker
• Whether the accident was caused by the worker’s own fault

These factors are evaluated by the court.

6. Steps to Take After a Workplace Accident
After a workplace accident, collecting evidence, making necessary notifications, and inspecting workplace safety measures are of utmost importance. Material and moral damages arising from workplace accidents can be claimed from the employer or insurance companies in accordance with the relevant laws and Court of Appeals precedents. It is recommended that victims manage the workplace accident process properly and seek legal support to fully secure their rights.

was last modified: April 8th, 2025 by Gökhan Cindemir