143 Union of Turkish Bar Associations Review 2023 Muhammed Enes YILDIZ provisions of the Turkish Code of Obligations shall apply to the claims of the employee and other beneficiaries arising from the occupational accident.93 In the event of an occupational accident at the workplace as a result of the employer’s breach of the duty of care in the broad sense and breach of the duty to take occupational health and safety measures in the narrow sense, the employee may claim compensation for his/ her physical damages from the employers who are jointly liable (Art. 54 and 55). In addition to pecuniary compensation, it is also possible to claim non-pecuniary compensation for an occupational accident (Art. 56). In the event that the worker dies as a result of an occupational accident, those who are deprived of the worker’s support may claim pecuniary compensation, which is referred to as compensation for deprivation of support (Art. 53). In addition, the relatives of the worker who have suffered pain and anguish due to the death of the worker may file a lawsuit for non-pecuniary damages against all of the jointly liable employers (Art. 56/2).94 A. Material Compensation The employee may claim monetary compensation from the employer for bodily injury suffered as a result of an occupational accident. The scope of the concept of bodily injury is defined in Article 54 of the Turkish Code of Obligations. The first item of bodily damages is treatment expenses. The worker may claim the expenses incurred for going to and coming from the hospital, the expenses incurred for the treatment and surgeries performed as pecuniary compensation.95 In addition, loss of earnings, losses arising from the reduction or loss of working capacity and losses arising from the loss of economic future can also be claimed from the employer within the scope of pecuniary compensation. 93 Süzek, p. 409; Çelik/Caniklioğlu/Canbolat/Özkaraca, p. 436; Özdemir, p. 301. 94 For detailed information on the rights that the worker and his/her relatives may claim as a result of an occupational accident, see Cengiz, p. 134 et seq; Süzek, p. 427 et seq; Çelik/Caniklioğlu/Canbolat/Özkaraca, p. 443; Özdemir, p. 301 et seq. 95 Sarper Süzek, İş Kazasından Doğan Maddi Tazminat, Prof. Dr. Ali Güzel’e Armağan, İstanbul 2010, p. 705.
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