What is the statute of limitations?
Prescription means that a right or lawsuit disappears if it is not exercised within a certain period of time. In the Turkish Code of Obligations (TBK), limitation periods are regulated differently for different rights.
Statute of Limitations for Work Accident Compensation Cases
The statute of limitations for work accident compensation cases is 10 years from the date of the accident. This period can also be calculated as two years from the date on which the damage and the person liable for compensation are learned.
Start of Statute of Limitations
The beginning of the limitation period in work accident compensation cases may vary depending on some situations:
• The date on which the damage resulting from the accident and the compensation liability are learned: This is the date on which the employee becomes aware of the injury or death and the employer becomes aware of the compensation liability.
• Date of receipt of the final disability report: Once the degree of disability of the worker as a result of the accident is precisely determined, the two-year statute of limitations begins to run from this date.
• Starting date of income bonding: If the worker starts earning income as a result of a work accident, the statute of limitations is 10 years from the date the income bonding begins.
Suspension and Interruption of the Statute of Limitations
In some cases, the statute of limitations may be suspended or interrupted. If the statute of limitations is suspended, the statute of limitations does not run. If the statute of limitations is interrupted, the previous statute of limitations expires and a new statute of limitations begins to run.
Suspension of Statute of Limitations:
• If the plaintiff or creditor party is not a minor or has no mental capacity: The limitation period is suspended for persons who are minors or have no mental capacity. The statute of limitations for these persons begins to run from the date they reach the age of majority or mental capacity.
• The creditor pursues his receivable through litigation or enforcement proceedings: In case of a lawsuit filed or enforcement proceedings initiated by the creditor, the limitation period stops. Once the lawsuit or enforcement proceeding ends, the statute of limitations begins to run again.
