Occupational Accidents and Reports Notifications, In case of an occupational accident in the workplace, the employer has an obligation to report the accident. It is generally known that the said notification should be notified to SSI within 3 working days after the accident. In addition, if the insured has a work accident outside the employer’s control, in cases that will prevent him from receiving information about the work accident, the notification period is 3 working days from the date of learning of the work accident.
Notifications of Occupational Accidents and Reports
Work accident notification is the notification of work accident to the places regulated in the law. In case of an occupational accident, the obligation of notification belongs to the employer. The employer is held responsible for notifying the situation to the competent authorities within the timeframes and duly specified in the law. Administrative fines are imposed by the Social Security Institution for employers who do not report work accidents and reports. In addition, in the event of the employer’s fault in the occurrence of a work accident, criminal liability will also come to the fore.
Occupational Accidents and Reports Notifications must be made so that the insured who has suffered an occupational accident can benefit from the services offered by the Social Security Institution . If the person who suffered a work accident died as a result of this accident, his heirs cannot benefit from the services provided by the Social Security Institution due to the work accident without a work accident notification. In order to be able to provide assistance by the Social Security Institution, it was sought that the occupational accident in question was to the extent that it required assistance. In other words, minor and insignificant accidents, such as a finger injury, are situations that are not supported by the Social Security Institution.
Occupational Accident Notification Period
Occupational accident notification period, In the event that an occupational accident occurs to an insured person working within a service contract, the situation must be reported to the Social Security Institution within 3 working days from the employer’s point of view. In other words, the work accident notification period is 3 working days after the accident for the institution. In case the accident occurs abroad related to the employer’s work, the institution must be informed of the situation within 3 working days.
The notification period is 3 working days starting from the day after the accident for those working in agricultural and forestry works under a service contract. The notification period is regulated differently in terms of people working as site supervisors. If a work accident has occurred in the construction site under the supervision of the supervisors, they must immediately inform the institution of the situation. In terms of site supervisors, the 3 working days notification period given to employers has not been given.
The notification period for employees covered by Article 4/1-b of the Law is 3 working days after the day when the illness caused by the accident disappears. However, if the discomfort will last longer than a month and this situation prevents notification, the institution should be informed within 1 month at the latest after the work accident.
The most important place to report the occupational accident is the Social Security Institution. In order for an employee who has had a work accident to receive assistance and allowance, notification is a must. For the employer, it is important to inform the institution of the situation within the work accident notification period in order not to be exposed to administrative fines.
Applications made to authorities other than the institution are not taken into account by the institution. However, in some of its decisions, the Supreme Court accepted the notification made to the Labor and Ministry of Social Security with the mention that the employer fulfilled its reporting responsibility. has done.
Is Work Accident Day Considered Worked?
The employee who works on the day of the occupational accident is deemed to have worked on that day. Sometimes, workers who have a work accident and receive inpatient treatment or report as of the day of the accident are reported to the SSI as “resting-reported” with the notification code “01” by the employers, and in actual practice, many employers are not shown as insured as of the accident day. However, this application is incorrect.
The point that should be noted here is the following: The worker was working on the day he was exposed to an occupational accident. Therefore, the worker worked at the workplace where the insurance notification was made, even for a few hours, on the day he had a work accident or had an accident while going to work. For this reason, the insured must be notified on the day of the worker’s work accident.
Even if the worker who had a work accident did not come to work on the day of the accident and was treated at the hospital or received a report, he must be shown as insured as of the day of the accident.
Who Makes the Notification of Occupational Accident?
If the injured person is employed by the subcontractor, the notification of work accidents and reports should be made by the subcontractor. However, if the subcontractor has not fulfilled the obligation to report an occupational accident, the main employer will also be liable. In this case, the subcontractor and the main employer will be jointly and severally liable to the Social Security Institution.
Another group that is required to make notifications of occupational accidents and reports is health service providers. The scope of health service providers includes workplace physicians, health centers, public hospitals and private hospitals. It should not be forgotten that these persons and institutions listed in the law are responsible for making a work accident notification from the moment the work accident situation is reported to them. In addition, the law enforcement officers should be informed of the work accident situation by these individuals and institutions. If these persons and institutions do not report the occupational accident report to the law enforcement and prosecutor’s office, “the crime of not reporting the crime by the healthcare professionals” will be committed and they will be punished with imprisonment up to one year.
Occupational accident notification must be made by the employer in terms of employees affiliated to one or more employers within the scope of the service contract, which is within the scope of article 4/1-a of the law numbered 5510. If the person is a headman or a self-employed person within the scope of 4/1-b of the same law, the work accident notification should be made directly by these people. In addition, work accidents experienced by students working part-time within the university should be reported by the university. Another important point is seen in the regulation on site managers. Site supervisors are obliged to immediately notify the relevant authorities of the work accidents that occur in the construction area where they are assigned.
As explained above, notification by the employer is only possible in cases where there is a service contract between the employee and the employee. According to the Supreme Court’s view, if there is a work contract between the employer and the accident victim, notifications of work accidents and reports do not have to be made by the employer.