144 Cases of Joint Liability Arising from Occupational Accidents In our law, pecuniary compensation does not aim for enrichment, but serves to restore the financial situation of the injured party. Therefore, the amount of pecuniary compensation to which the worker is entitled is limited to the damage suffered.96 The Court of Cassation takes into consideration the age, wage, incapacity rate and fault rates of the worker in the calculation of financial compensation arising from occupational accidents. Using these data, calculations are made separately for three different time periods, namely the period of active loss, the period of active loss to be incurred and the period of passive loss to be incurred, and the amount of compensation to be paid is found.97 B. Compensation for Loss of Support According to Article 53 of the Turkish Code of Obligations, the damages incurred by the persons deprived of the support of the deceased due to death resulting from an occupational accident must be compensated. The employment contract is a contract between the employee and the employer and depends on the personality of the employee. Those who are deprived of the support of the employee are not a party to the employment contract. However, with a special provision, the legislator has paved the way for those who are deprived of the support of the employee to claim compensation for their damages in accordance with the provisions of contractual liability, not the provisions of tort. Accordingly, “compensation for damages arising from the death of the employee due to the employer’s... behaviour contrary to the law and the contract shall be subject to the provisions of liability arising from breach of contract” (TBK art. 417/3). Compensation for deprivation of support may be claimed by the spouse, children, mother, father and other persons who actually benefited from the support of the worker during his/her lifetime.98 In determining the amount of this compensation, the variables to be taken into account in the determination of pecuniary compensation will need to be taken into account. In addition, specific to this type 96 Cengiz, p. 134; Süzek, p. 427-428. 97 Süzek, p. 433 et seq; Akın, p. 119 et seq. 98 Çelik/Caniklioğlu/Canbolat/Özkaraca, p. 453; Süzek, p. 438.
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