In brief
In an occupational accident resulting in death or injury, the prosecutor conducts an investigation under Art. 85 (negligent homicide) and Art. 89 (negligent injury) of the Turkish Penal Code. Criminal liability is personal; each person, such as the employer, the employer's representative, supervisors, the OHS specialist and the workplace physician, is assessed in proportion to their own fault, and the technical basis for this assessment is often an expert report. The outcome is determined by the records kept before the accident.
How does criminal liability for an occupational accident arise?
After an occupational accident there are three separate processes a business may face: an administrative fine based on the labour inspector's findings, compensation and recourse claims brought by the SGK (Social Security Institution) or the injured person, and a criminal investigation conducted by the public prosecutor. This article covers only the third, i.e. criminal liability for occupational accidents. While the administrative fine is directed at the business and compensation usually at the employer, criminal liability is directed at individuals.
Under Art. 20 of the Turkish Penal Code (TCK), criminal liability is personal and criminal sanctions cannot be applied to legal entities. A company does not receive a prison sentence; the investigation looks at the natural persons who make decisions on the company's behalf and run the work on site. In criminal law, three questions are generally answered for a person to be held liable:
- Did this person have a duty of attention and care that would have prevented the accident?
- Did the person act in breach of this duty?
- Is there a causal link between the breach and the death or injury, and was the result foreseeable?
This article provides general information; in a specific investigation, support should be obtained from a lawyer working in criminal law.
Articles of the TCK applied to occupational accidents
As there is no intent in occupational accidents, the intentional injury provisions in Art. 86–88 of the TCK come into play only in exceptional cases. The provisions applied in ordinary occupational accident cases are:
| Article | Subject | Penalty | Complaint and mediation |
|---|---|---|---|
| TCK 85/1 | Negligent death of one person | 2–6 years' imprisonment | Not subject to complaint; not within mediation |
| TCK 85/2 | More than one death, or death together with injury | 2–15 years' imprisonment | Not subject to complaint |
| TCK 89/1 | Negligent injury (simple) | 4 months–2 years' imprisonment or a judicial fine | Subject to complaint; within mediation |
| TCK 89/2 | Bone fracture, permanent impairment, permanent facial scar, danger to life | Penalty under 89/1 increased by half | Subject to complaint; no complaint required in conscious negligence |
| TCK 89/3 | Loss of an organ's function, incurable illness, permanent change to the face | Penalty under 89/1 doubled | Subject to complaint; no complaint required in conscious negligence |
| TCK 89/4 | Injury of more than one person | 9 months–5 years' imprisonment | Subject to complaint; no complaint required in conscious negligence |
The penalties in 89/1 and 89/4 were increased by Law No. 7571 of 24.12.2025 (the previous ranges were 3 months–1 year and 6 months–3 years). Under TCK Art. 7/2, if the law at the time of the offence differs from a later law, the one more favourable to the perpetrator applies; for this reason, the previous ranges may apply to older accidents. Under Art. 253 of the Code of Criminal Procedure (CMK), negligent injury falls within mediation regardless of whether it is subject to complaint. If agreement is reached and the suspect performs their obligation in one go, a decision of non-prosecution is given (Art. 253/19).
The difference between negligence and conscious negligence
Under TCK Art. 22/2, negligence is conduct in which the result of the offence occurs without being foreseen, owing to a breach of the duty of attention and care. Art. 22/3 defines as conscious negligence the situation where the person foresaw the result but did not want it, and increases the penalty by one third to one half.
Conscious negligence is a decisive distinction in occupational accident cases, because its consequences are not limited to an increase in the penalty:
- In cases 89/2–4 of negligent injury committed with conscious negligence, no complaint is required; even if the injured person withdraws their complaint, the investigation continues (Art. 89/5).
- In negligent offences, even a long prison sentence can be converted into a judicial fine if the conditions are met; however, this option does not apply to conscious negligence (Art. 50/4).
In practice, the debate over conscious negligence turns on records showing that the danger was known in advance: repeated warnings, unclosed findings in the approved logbook, similar incidents that happened before, or knowingly continuing to use a bridged guard.
Who can be a suspect? The employer, representatives and OHS professionals
Under TCK Art. 22/5, in offences committed negligently by more than one person, each person is responsible for their own fault and each perpetrator's penalty is determined separately according to their fault. For this reason the investigation does not look for a single responsible person; it examines the chain:
- The employer and managers: In an employer that is a legal entity, the managers who make OHS decisions and allocate resources. In negligent homicide cases involving employers, the first thing examined is whether a risk assessment was carried out and whether controls were implemented.
- The employer's representative: Under Art. 2 of Labour Law No. 4857, the person acting on behalf of the employer and taking part in the management of the work and the workplace. The factory manager, production manager and site manager fall into this group. For delegation of authority and its limits see our article on the OHS responsibility of the employer's representative.
- Foremen and shift supervisors: The people who actually direct the work and have instructions applied.
- The OHS specialist and workplace physician: Assessed on the basis of their duties to identify, notify in writing and follow up. Details are in our article on the legal liability of an OHS specialist.
- The subcontractor: Separately responsible for its own employees; assessed together with the principal employer in shared areas.
- The injured person: The employee's own fault does not remove other people's fault; however, it is taken into account in apportioning fault.
In the event of conviction, as well as a prison sentence, for negligent offences committed in breach of the duty of attention and care required by a particular profession or trade, a ban on practising the profession for not less than three months and not more than three years may also be imposed (TCK Art. 53/6).
How does an occupational accident prosecution proceed?
An occupational accident investigation by the prosecutor usually begins when the police arrive at the scene. For what needs to be done in the first hours, see our article on the process after a fatal occupational accident. The subsequent stages are roughly as follows:
- Scene and evidence: Photographs, a sketch, the condition of the equipment and camera footage are taken.
- Statements: Witnesses and suspects are heard. For how to take witness statements immediately after an accident, see our article on the accident report and witness statements.
- Expert examination: On matters requiring expertise, the prosecutor obtains an expert opinion (CMK Art. 63).
- Objection to the report: The parties are given time to request a new expert examination or to state their objections (CMK Art. 67/5).
- Decision: A public prosecution is brought, a decision of non-prosecution is given, or in negligent injury the file is sent to mediation.
What can and cannot an expert report do?
The expert assesses technically how the accident happened and who failed to fulfil which obligation. However, under CMK Art. 67/3, the expert may not make statements outside matters requiring expertise and may not make the legal characterisation that the judge must make. Saying "there is conscious negligence" is the judge's job; the expert only sets out the facts on which this assessment will be based.
The documents the expert looks at are usually: the risk assessment and whether the hazard that caused the accident was included in it, records of training on the job and job-specific risks, the work instruction, the approved logbook, the periodic inspection report of the work equipment, PPE issue records, the pre-employment examination and the vocational training certificate. The parties may obtain a scientific opinion from an expert to be considered regarding the report or in its preparation (CMK Art. 67/6). For how the same documents are assessed in compensation and recourse claims, see our article on the SGK recourse claim.
Before the accident: the records that determine the defence
In a criminal file, the only real tool in the hands of the employer and managers is the records created before the accident. A document prepared after the accident does not prove what happened before it. Checklist:
- Is the task that caused the accident included in the risk assessment, and has its control been implemented?
- Did the employee receive training specific to this job, with a signature and date?
- Are the machine's guard and periodic inspection recorded?
- Have the findings in the approved logbook been closed?
- Are appointments and delegations of authority in writing?
At Bursa Sistemer OSGB, in our OHS specialist service, we notify findings in writing for businesses in Bursa and the surrounding provinces, follow up their closure and document root cause analysis after an accident. Our article on root cause analysis methods guides root cause work; you can assess the administrative fine side separately with our OHS administrative fines tool.
Frequently Asked Questions
Does the employer receive a prison sentence in an occupational accident?
A company cannot be penalised; criminal liability is personal. Managers, employer's representatives or other persons at fault in the accident may be tried in proportion to their fault under TCK Art. 85 in the case of death and Art. 89 in the case of injury.
Is negligent injury in an occupational accident subject to complaint?
Simple negligent injury (Art. 89/1) is subject to complaint. In aggravated cases (Art. 89/2–4), no complaint is required if the offence was committed with conscious negligence. Negligent injury also falls within mediation.
Can an OHS specialist be penalised?
Yes, if they are at fault. The assessment is based on whether the specialist identified the danger, notified it in writing and followed it up. Implementing the measure is the employer's obligation.
Can an expert report be challenged?
Yes. The parties are given time to object to the report or request a new examination; the parties can also obtain a scientific opinion from an expert and submit it to the file.
A certified specialist matched to your hazard class: site inspections, approved logbook, training plan, annual plan and report follow-up.
Bursa SİSTEMER OSGB Technical Team — written from the field experience of our OHS specialists and workplace physicians. Legal information is valid as of the publication/update date; contact us for an assessment specific to your business.