Responsibilities of the Employer in the Occupational Accident Caused by the Fault of the Worker

2022-01-20T14:31:14+00:00 12 February 2021|

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ACCIDENTS AT WORK

Accidents at work; It usually occurs as a result of the conditions of the working environment, management errors, lack of adequate and appropriate training and lack of supervision or the interaction of these factors. In the event that an insured worker in a workplace has a work accident, it becomes important whether the employer, the worker who had the accident, or a third person has any fault in the occurrence of the accident. Because the Social Security Institution collects the expenses incurred due to the work accident from those who are responsible for the accident. So, what are the responsibilities of the employer if the worker is at fault in the accident?

Responsibilities of the Employer in the Case of the Worker’s Fault in a Work Accident

If the worker who had an accident is uninsured or the time to submit the insured employment statement has passed, then the employer is responsible for the accident, regardless of who is responsible for the accident. This is called “perfect liability”. Therefore, in such a case, whether the worker is at fault or not does not affect the liability of the employer. Again, whether the worker is at fault or not, the employer must report the accident on time. In other words, even if the worker is at fault in the accident, if the work accident was not reported on time, the fault of the worker does not affect the liability of the employer.

Responsibility of the Employer in Case of Work Accident

In addition to these, another responsibility of the employer in case of any work accident is the liability based on fault. If the employer’s failure to take measures related to occupational health and safety is effective in the occurrence of a work accident, the employer is responsible for his fault. However, if the worker or a third person is at fault in the work accident, the employer’s fault rate is affected by this situation. Again, if the worker or a third party is found to be 100% defective in the accident, the employer is not liable for any fault.

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