Reporting Obligations: Work Accidents and Occupational Diseases in Turkey

Compliance with Occupational Health and Safety Law (No. 6331) and Social Security Law (No. 5510) is a fundamental duty for employers in Turkey. Timely and accurate reporting of workplace incidents is essential to avoid severe administrative fines and legal liabilities.

1. Defining Workplace Incidents

• Work Accident:Under Article 13 of Law No. 5510, a work accident is defined as an incident that results in immediate or subsequent physical or mental disability while:
  • The insured person is present at the workplace.
  • Performing duties related to the business, even if outside the primary workplace.
  • The employer is providing transportation to or from the workplace.
  • A nursing mother is using her designated breastfeeding leave.
• Occupational Disease:According to Article 14 of Law No. 5510, this is a temporary or permanent illness or disability caused by the repetitive nature of the task or the specific conditions of the work environment.

2. Mandatory Reporting Timelines

Efficiency and speed are critical when an incident occurs. The following deadlines apply:

• Work Accidents:The employer must report the accident to the Social Security Institution (SGK) within three (3) business days following the incident.
• Occupational Diseases:The employer must report the disease to the SGK within three (3) business days from the date they are officially notified of the diagnosis by a healthcare provider or the occupational physician.
  • Note:Authorized healthcare providers must also report diagnosed occupational diseases to the SGK within ten (10) business days.

3. Reporting Methods

Reports must be filed using the Work Accident and Occupational Disease Notice Form.

• Electronic Filing (e-Notice):Most notifications are now processed electronically via the SGK’s online portal (e-SGK).
• Physical Filing:Printed forms can be submitted directly or sent via certified mail. For postal submissions, the date of delivery to the post office is considered the official notification date if sent via registered mail or express delivery.

4. Administrative Fines and Penalties

Failure to fulfill reporting obligations results in administrative fines.

• Case-Based Assessment:If multiple employees are affected by the same incident, a single administrative fine is typically imposed based on the assessment of that specific case, rather than separate fines for each individual.
• Compliance Risk:Delays or failure to report not only lead to financial penalties but also increase the employer’s liability in potential compensation lawsuits.

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