09 February 2021
5 Must-Do’s in Case of an Occupational Accident
Precautions are always our priority in managing occupational accident risks; however, we also need to be prepared for the aftermath of a risk that materialises. Therefore, it is important to know the steps that need to be taken after a workplace accidents. In this post we have compiled 5 must-do’s in case of an occupational accident.
1. Access to Medical Care
The first and most important step is to ensure that the employee who suffers an occupational accident has access to the medical care they need. According to the article 76 of the Social Insurance and General Health Insurance Law Numbered 5510 (“Law”), the employer is obligated to ensure that the employee who suffers an occupational accident or occupational disease has access to medical care compatible with their condition.
In course of the acquiring medical care, medical documents should be prepared in a manner which indicate the occupational accident. These documents are important for subsequent notifications and reporting.
2. Notification to the Social Security Institution
Article 13 of the Law stipulates that the employer shall report the occupational accident to the Social Security Institution ("SSI") within 3 business days. Whether the employee receives an incapacity to work report as a result of an occupational accident is not relevant to the notification obligation. Even if the employee goes to the hospital on their own and receives an occupational accident report, the employer is required to notify the occupational accident. In this regard, it is important for the employer to be involved in the entire process. An administrative fine shall be imposed on the employer who does not fulfil the notification obligation within the legal period.
3. Collection of Health Expenses
All medical expenses of the employee who is exposed to an occupational accident, outside the scope of the social security, shall be covered by the employer. However, the employer may request these amounts to be reimbursed by the SSI provided that the relevant expenses are documented by invoices.
4. Liability for Salary and Incapacity Allowance
The employee who received an incapacity to work report as a result of an occupational accident or occupational disease, shall be entitled to incapacity allowance. The incapacity allowance will be paid by the SSI. The employer will not be required to make salary payments for the duration the employee receives incapacity allowance from the SSI.
If the employee with an incapacity report receives treatment as an in-patient, half of the employee’s daily earnings will be paid as incapacity allowance; and if the employee receives treatment as an outpatient, two-thirds of the employee’s daily earnings will be paid as incapacity allowance.
Article 14 of Occupational Health and Safety Law Numbered 6331 stipulates that, the employer is obligates to keep records of all occupational accidents and occupational diseases and to issue reports on such by conducting necessary examinations. In order to investigate the cause of occupational accidents and take precautions against potential accidents, occupational accident records should be created, reported and archived after each incident.