120 Cases of Joint Liability Arising from Occupational Accidents employee is sent to a place other than the workplace on duty, during the time he spends without performing his main job are considered within this scope. In addition, an occupational accident is defined as an event that occurs during the transportation of the worker to and from the workplace by a vehicle provided by the employer and during the period when the breastfeeding female worker is on breastfeeding leave, and which renders the worker physically or mentally disabled immediately or later (Art. 13/1 of the Law No. 5510). Law No. 6311 defines an occupational accident as “an event that occurs in the workplace or due to the execution of the work, which causes death or damages the bodily integrity mentally or physically” (Art. 3/1-g). In terms of social insurance law and occupational health and safety legislation, the definition of occupational accident has been defined, whereas the definition of occupational accident, which is a special application of the breach of the employer’s duty of care, is not included in the Labour Law No. 48576. The definition of occupational accident in terms of individual labour law is found only in the doctrine. Accordingly, an occupational accident is defined as a mental or physical injury to the employee as a result of an event that occurs suddenly as a result of the work he/she performs while under the control of the employer or as a result of an external cause.7 Here, unlike an occupational accident, especially in the meaning of social insurance law, the accident must be related to the work performed, must occur as a result of it, and moreover, there must be a causal link between the work performed and the accident.8 Taking occupational health and safety measures at the workplace is an obligation that falls within the scope of the employer’s duty of care for the employee. The employer must protect the life, health and 6 RG, 10.06.2003, 25134. 7 Ali Güzel/Ali Rıza Okur/Nurşen Caniklioğlu, Sosyal Güvenlik Hukuku, Beta Yayıncılık, İstanbul Yenilenmiş 19. Bası, 2021, p. 377-378; Fikret Eren, “Borçlar Hukuku ve İş Hukuku Açısından İşverenin İş Kazası ve Meslek Hastalığından Doğan Sorumluluğu”, Ankara Üniversitesi Hukuk Fakültesi Yayınları, Ankara 1974, p. 10; taken from Cengiz, p. 128; Can Tuncay/Ömer Ekmekçi, Sosyal Güvenlik Hukuku Dersleri, Beta Yayınevi, İstanbul 2021, p. 391. 8 Gaye Burcu Yıldız, “İşverenin İş Kazasından Doğan Sorumluluğu”, Toprak İşveren Dergisi, Y. 2010, Issue 86, p. 10; Süzek, p. 424; Erdem Özdemir, İş Sağlığı ve Güvenliği Hukuku Dersleri, 1. Bası, Vedat Kitapçılık, İstanbul 2020, p. 297.
RkJQdWJsaXNoZXIy MTQ3OTE1