119 Union of Turkish Bar Associations Review 2023 Muhammed Enes YILDIZ in some cases, in addition to the current employer, for compensation for his/her damages.2 In the study, the concepts of occupational accident and joint liability are discussed in general, and then the effect of subcontracting, temporary employment relationship, transfer of workplace and transfer of employment contract, which are described as tripartite relationship, on the joint liability of employers arising from occupational accident is evaluated. I. OCCUPATIONAL ACCIDENTS AND JOINT LIABILITY IN GENERAL A. The Concept of Occupational Accident and the Nature of Legal Liability 1. Occupational Accident in General In the broad sense, the concept of “accident” is defined in legal theory as a sudden and unintentional event that leads to the occurrence of a loss. An accident in the narrow sense, on the other hand, excludes damage to property and covers only involuntary violation of bodily integrity or death. Accordingly, in order for an accident to occur in the narrow sense, there must be a sudden and unintended event coming from outside, as a result of which bodily integrity must be violated and there must be a causal link between the event and the result.3 The concept of occupational accident is addressed in different ways in the Social Insurance Law No. 5510 4 and Occupational Health and Safety Law No. 63315. Law No. 5510 defines occupational accident by listing the situations that may result in an occupational accident. Accordingly, accidents that occur while the employee is at the workplace, due to the work being carried out and when the 2 On tripartite relationships in labor law, see. Osman Güven Çankaya/Şahin Çil, İş Hukukunda Üçlü İlişkiler, Yetkin Yayınları, Genişletilmiş 3. Baskı, Ankara 2011, p. 15. 3 İştar Cengiz, “İşverenin İş Kazasından Doğan Hukuki Sorumluluğu”, TAAD, Y. 9, Issue. 34, p. 128. 4 RG, 16.06.2006, 26200. 5 RG, 30.06.2012, 28339.
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