How to Gain Disability Retirement Rights After a Work Accident?
A work accident is an unexpected event that occurs at work or during a work-related task, and in some cases, it can lead to permanent disability. In such cases, the right to disability retirement is an important right provided to insured individuals who have lost their ability to work permanently after a work accident. Below, we explain in detail and with examples the process of how to gain disability retirement right after a work accident.
1. What is a Work Accident?
Definition: A work accident is an accident that occurs at work, during the execution of work, or at a place where the employee is assigned by the employer. These accidents can cause physical or mental harm to the employee.
Example: Ali Bey, who works in a factory, had an accident while working with construction machinery and was seriously injured. This incident is considered a work accident.
2. Disability Determination After a Work Accident
Disability Report: An incapacity report must be obtained from the hospital in order to determine how much the person has lost their ability to work after a work accident. Disability retirement requires a minimum of 60% loss of work capacity.
Health Board Report: Hospitals authorized by the SGK determine the degree of disability of the person after a work accident.
Example: Ms. Zeynep documented that she had a 65% loss of work capacity with the report she received from the hospital after a work accident.
3. Notification of Work Accident to the SGK
Mandatory Notification: The condition of the person who had a work accident must be reported to the SGK by the employer within 3 business days after the accident at the latest.
Consequences: Failure to report the work accident on time may negatively affect the disability retirement process and may cause delays in the use of insurance rights.
Example: Immediately after Mr. Mehmet had a work accident, his employer reported the accident to the SGK and the incapacity process was initiated.
4. Disability Retirement Conditions
Number of Premium Days: In order to be eligible for disability retirement after a work accident, the insured must have paid at least 1800 days of premium.
Insured Period: In order to retire due to disability after a work accident, you must have worked as an insured person for at least 10 years. However, this period may not be required for those who become completely incapacitated as a result of a work accident.
Health Board Report: It is necessary to document that the loss of labor force is at least 60% with a health board report.
Example: Ahmet Bey, a construction worker, lost his arm in a work accident and the health board report determined that he had a 70% loss of labor force. Since his 10-year insurance period and 2000 premium days have expired, he has earned the right to retire due to disability.
5. Application Process
Step 1: Preparation of Documents: Documents such as a health board report, insurance service statement, ID photocopy and application petition are required for the application.
Step 2: Application: After completing the necessary documents, an application should be made to the SGK provincial or district directorates. SGK initiates the referral process to the hospital for the determination of disability after the work accident.
Step 3: Review of the Report: The health board report and other documents received from the hospital are reviewed by the SGK.
Step 4: Finalization: SGK approves or rejects the disability retirement application based on the results of the health board report. If approved, disability pension is granted.
Example: Mr. Ali applied to SGK for disability retirement after a work accident and submitted all documents. After the health board report was positive, he retired due to disability and started receiving a salary.
6. Disability Retirement Rights
Salary Right: People who retire due to disability as a result of a work accident are entitled to receive a salary from SGK. The salary amount varies according to the number of premium payment days and the insurance period.
Health Services: People who retire due to disability continue to benefit from the health services provided by SGK free of charge.
Additional Payments: Those who become incapacitated as a result of a work accident may also have the right to receive compensation in addition to disability pension.
Example: Construction worker Mehmet Bey both retired due to disability and received compensation from his employer after a work accident.
7. Right to Object in Case of Rejection of Application
Right to Object: If your disability retirement application is rejected by the SGK, you have the right to object within 30 days from the date the decision is notified to you.
Objection Process: Additional reports may be submitted and a re-evaluation may be requested during the objection process. The objection must be made to the relevant units of the SGK.
Example: Ms. Ayşe received a 55% loss of labor force report as a result of a work accident. The SGK did not find this rate sufficient and rejected the application. However, Ms. Ayşe appealed with additional reports and retired by determining 60% disability.
The right to disability retirement after a work accident is an important social security right provided for employees who have lost their work force. In order to start this process, the work accident must be reported to the SGK correctly, health board reports must be obtained and the necessary conditions must be met. Disability retirement after a work accident offers important advantages such as both salary rights and benefiting from health services.
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