İşveren Sorumluluk Sigortasında Riziko ve Sigorta Teminatının Kapsamı
Articles > Article · 2024
Authors: Esin GÜRBÜZ
Legal İş Hukuku ve Sosyal Güvenlik Hukuku Dergisi, Other Refereed National Journals, National, TR DİZİN (ULAKBİM), 2024, vol 21, pp 1013-1066
Summary
<p><em>Under Turkish law, workers are subject to occupational accident and occupational disease insurance and in the event of an occupational accident, the Social Security Institution makes the payments and benefits specified in the Law. The employer is liable for compensation for the claims of the workers or their beneficiaries in the event of their death, over and above these payments. In addition, the Social Security Institution has recourse to make the employer make the payments it has made in proportion to its fault. In order to secure these responsibilities of the employer, an</em> <em>optional employer's liability insurance can be taken out. This private insurance covers the employer's liability for compensation against the employee or his/her beneficiaries and the Institution due to occupational accidents occurring at the workplace. By adding an additional clause to the contract, compensation claims arising from occupational accidents occurring during commuting to and from work with the vehicle provided by the employer, during being sent to another place on duty, abroad, compensation claims arising from occupational diseases and non-pecuniary compensation claims can be included in the coverage. In this study, the scope of the employer's liability insurance coverage and the excluded risks will be analyzed and the problems in practice and the recommendations will be explained within the framework of the developments in labor life. Employers' liability insurance can be made compulsory in certain sectors to protect the interests of workers. It would be appropriate to update the General Terms and Conditions to make them compatible with the new legislation, to include provisions on remote working, to include occupational diseases and to include occupational accidents of female workers during breastfeeding hours outside the workplace into the coverage.</em></p>