Work Accident Compensation in Yalova: Pecuniary and Non-Pecuniary Damages, Time Limits

A work accident can have serious physical, financial and emotional consequences for employees and their relatives. This article offers a general overview of compensation for people in Yalova and does not replace an assessment of your specific case.

1. Legal basis

A person who causes damage to another by a faulty and unlawful act must compensate it (Turkish Code of Obligations, TCO Art. 49). The judge determines the scope and form of compensation considering the circumstances, especially the degree of fault (Art. 51). If the injured person contributed to the damage or its increase, the judge may reduce or deny compensation (Art. 52).

2. Pecuniary and non-pecuniary damages

• Pecuniary damages: actual losses such as treatment costs and loss of earnings from reduced working capacity. In case of death, items such as loss of support arise.
• Non-pecuniary damages: in case of bodily injury, the judge may award an appropriate sum considering the circumstances. In case of serious injury or death, relatives may also be awarded non-pecuniary damages (Art. 56).

Fault, the degree of fault and the amount of damage are generally determined by expert examination, so each case must be assessed on its own facts.

3. Limitation periods

Claims arising from tort generally expire two years after the injured party learns of the damage and the liable person, and in any case ten years after the act. If the claim arises from an act for which criminal law provides a longer limitation period, that longer period applies (TCO Art. 72). Different periods may apply depending on the nature of the dispute, so limitation must always be calculated on the facts.

4. Is mediation mandatory?

For pecuniary and non-pecuniary compensation claims arising from work accidents or occupational diseases and related declaratory, objection and recourse claims, mandatory mediation does not apply (Labour Courts Law No. 7036, Art. 3/3). A lawsuit may be filed directly.

5. First steps

• Keep evidence such as accident reports, medical records, treatment documents and witness details.
• Check the accident notification and social security records.
• Seek legal advice before limits run.

See our Yalova guide for the courts. You can create an appointment or reach us via the contact page.

This article is for general information only and is not legal advice.