145 Union of Turkish Bar Associations Review 2023 Muhammed Enes YILDIZ of compensation, the data regarding the portion of the income of tge deceased that he/she would have allocated to his/her own expenses, savings, and how much share he/she would have allocated to which support, if he/she had survived, will also be taken into consideration in the determination of the compensation.99 C. Moral Compensation The worker who suffered an occupational accident may claim moral damages, as well as his/her relatives in the event of severe bodily harm or death of the worker (Art. 56/2 of the TBK). The provisions regarding the determination of pecuniary damage are applied to nonpecuniary damage by analogy. However, unlike pecuniary damage, since non-pecuniary damage results in a diminution in personal assets, the discretion of the judge will be much more effective than pecuniary damage.100 As a matter of fact, it is not possible to calculate and reveal the non-pecuniary damage with calculation methods based on certain mathematical formulas as in the case of pecuniary damage.101 CONCLUSION An occupational accident is an occupational injury where the employee suffers mental or physical damage as a result of an event arising out of the work he/she is performing while under the control of the employer or as a result of an event that occurs suddenly for an external reason. In the event that there is a fault that can be attributed to the employer in the occupational accident that occurs, and therefore, if there is an attitude of the employer contrary to the employer’s duty of care, the legal liability of the employer arising from the occupational accident becomes an issue. In some cases, albeit exceptional, even a fault is not required for the employer to be held legally responsible for the occupational accident. An employee who suffers bodily injury as a result of an occupational accident may claim financial compensation and moral compensation from the employer. If the worker loses his/her life, those who are 99 Süzek, p. 442. 100 Cengiz, p. 138. 101 Süzek, p. 444.
RkJQdWJsaXNoZXIy MTQ3OTE1