In brief
The treatment of an insured person injured in a work accident is covered by the SGK and no co-payment is charged. For each day of the sick-leave report a temporary incapacity allowance is paid; the allowance is half of daily earnings for in-patient treatment and two thirds for out-patient treatment, and unlike sickness there is no contribution-day requirement. An insured person whose earning capacity in their occupation falls by at least 10% receives permanent incapacity income. The employer must provide health care immediately, notify the accident to the SGK within 3 working days and observe the statutory waiting period before terminating the employment contract during the report.
Rights of a worker injured in a work accident: the short framework
After a work accident, the first questions on an employee's mind are usually these: Who will pay for my treatment, what will my income be while I am on sick leave, what will I receive if permanent damage remains, and will I lose my job? The answers lie largely in Law No. 5510 on Social Insurance and General Health Insurance and Labour Law No. 4857.
Art. 13 of Law No. 5510 defines a work accident as an event that occurs while the insured person is at the workplace, because of work carried out by the employer, when sent outside the workplace on duty, during the nursing break of a breastfeeding insured woman, or while travelling to and from work in a vehicle provided by the employer, and that immediately or later renders the insured person physically or mentally disabled. We explained which events fall within this definition in our article on what counts as a work accident.
The rights provided under work accident and occupational disease insurance (Art. 16) and the health services can be summarised as follows:
| Right | For whom, under what condition? | Basis (Law No. 5510) |
|---|---|---|
| Treatment and health services | The insured person; no co-payment in the case of a work accident | Art. 69, Art. 76 |
| Travel costs, daily allowance, companion costs | When referred to another place of residence | Art. 65 |
| Temporary incapacity allowance | For each day of the sick-leave report | Art. 16, Art. 18 |
| Permanent incapacity income | If earning capacity in the occupation has fallen by at least 10% | Art. 19 |
| Income for survivors | In the event of death resulting from the accident | Art. 20 |
| Funeral and marriage allowance | In the event of death, and for daughters receiving income | Art. 16, Art. 20 |
Work accident treatment costs: who pays?
The first obligation after the accident rests with the employer. Under Art. 76 of Law No. 5510, the employer must immediately provide the insured person injured in a work accident with the health services their condition requires. Documented health service costs incurred by the employer for this purpose are covered by the SGK. If the employer neglects or delays this obligation and the treatment period is extended or the disability increases, the employer pays the costs the SGK incurs as a result.
What the employee needs to know about work accident treatment costs:
- No co-payment is charged. Art. 69/a states that no co-payment is taken for health services provided in cases of work accidents and occupational diseases.
- No contribution-day requirement applies. The contribution-day requirement for benefiting from general health insurance does not apply to work accidents and occupational diseases (Art. 67).
- Referral costs are covered. The travel costs and daily allowance of an insured person referred to another place of residence on a physician's decision, including the costs of one companion in out-patient treatment, are covered by the SGK (Art. 65).
When applying to hospital, stating that this is a work accident and checking that the workplace makes the accident notification on time are important for the later procedures to run smoothly.
Temporary incapacity allowance: how much, and when?
The employee cannot work during the report period; the temporary incapacity allowance covers the loss of income in this period. Under Art. 18/1-a, provided that a sick-leave report has been obtained from physicians or health boards authorised by the SGK, an allowance is paid for each day to an insured person unable to work because of a work accident. The difference from sickness matters: in sickness, the allowance is paid from the third day of incapacity, provided that at least 90 days of contributions have been declared in the last year; in a work accident these conditions do not apply.
The amount of the allowance is determined under Art. 18/3:
- In-patient treatment: half of daily earnings,
- Out-patient treatment: two thirds of daily earnings.
Daily earnings are calculated by dividing the total earnings subject to contributions in the twelve months before the accident by the number of contribution days on which those earnings are based (Art. 17). If fewer than 180 days of short-term insurance contributions were declared in the previous twelve months, the daily earnings used for the allowance may not exceed twice the lower limit of daily earnings subject to contributions on the date the incapacity began.
Example: An employee with daily earnings of G spends 10 days in hospital after the accident and then receives a 20-day out-patient treatment report. Allowance: 10 × G/2 + 20 × 2G/3 = 5G + 13.3G ≈ 18.3G. In other words, for a 30-day report period the employee receives an allowance equal to about 18.3 days of earnings.
What to know about payment in practice:
- During the report period the employment contract is suspended; under the last sentence of Art. 25/I of Law No. 4857, no wages accrue for the periods the worker cannot attend work. A collective agreement or the employment contract may provide otherwise.
- For the allowance to be calculated, the employer must declare through the SGK system that no work was done on the report days. If payment is delayed, this is the first point to check.
- If the employer does not notify the accident within 3 working days, the temporary incapacity allowance paid for the period up to the notification date is recovered from the employer by the SGK (Art. 21/2). This does not mean the employee loses the allowance.
Permanent incapacity income
If the accident has left permanent damage, the employee may become entitled to permanent incapacity income. Under Art. 19, an insured person whose earning capacity in their occupation is found by the Institution's Health Board to have fallen by at least 10%, on the basis of health board reports from health service providers authorised by the SGK, because of an illness or disability resulting from a work accident, is entitled to permanent incapacity income.
The income is calculated as follows:
- In permanent total incapacity, income is paid at 70% of monthly earnings.
- In permanent partial incapacity, the total incapacity income is calculated and the portion corresponding to the loss rate is paid.
- If the insured person needs the permanent care of another person, the rate applied is 100%.
Monthly earnings are thirty times daily earnings (Art. 17). Example: An employee who has lost 30% of their earning capacity in their occupation receives income at 70% × 30% = 21% of monthly earnings. The income starts at the beginning of the month following the date on which the temporary incapacity allowance ends. If the employee receives further treatment, the loss rate may be reassessed.
In the event of death resulting from a work accident, income is paid to the survivors based on 70% of the insured person's monthly earnings, and a funeral allowance is paid (Art. 20).
Dismissal after a work accident
Termination of the employment contract of an employee on a sick-leave report is governed by Art. 25/I of Law No. 4857. Except in cases arising from the worker's own intent or disorderly conduct, the employer's right to terminate without notice in cases such as sickness or accident arises only after the situation exceeds by six weeks the notice period under Art. 17 that applies to the worker's length of service. The notice periods are as follows:
| Length of service | Notice period | Notice period + 6 weeks |
|---|---|---|
| Less than 6 months | 2 weeks | 8 weeks |
| 6 months – 1.5 years | 4 weeks | 10 weeks |
| 1.5 – 3 years | 6 weeks | 12 weeks |
| More than 3 years | 8 weeks | 14 weeks |
For employees covered by job security, Art. 18/3-f of Law No. 4857 also states explicitly that temporary absence from work due to sickness or accident within this waiting period does not constitute a valid reason for termination. For a termination made after the waiting period has expired, severance pay and other entitlements are assessed separately; consulting an employment law specialist on the specific case is recommended.
The employer's obligations in this process
Whether the employee's rights work in practice depends on the employer fulfilling its obligations on time:
- Provide health care immediately (Law No. 5510, Art. 76).
- Notify the law enforcement authorities immediately and the SGK within 3 working days of the accident with the work accident notification form (Law No. 5510, Art. 13; Law No. 6331 on Occupational Health and Safety, Art. 14/2). The 2026 base administrative fine for failing to notify is 44,443 TL; for details, see our OHS administrative fines tool.
- Enter the report days into the SGK system, so that the allowance is paid without delay.
- Provide additional training on return to work: An employee who has had a work accident receives additional training on the causes of the accident, ways of protection and safe working methods before starting work (Law No. 6331, Art. 17/4).
- Assess the return-to-work examination: The workplace physician assesses whether the employee is fit for their previous job. For details, see our article on the return-to-work examination.
- Review the risk assessment: A work accident is one of the situations that require the risk assessment to be renewed in whole or in part.
We explained what to do in the first hours after an accident step by step in our article on what to do after a work accident. We manage accident notification, root cause analysis, additional training and the return-to-work process for businesses in Bursa and the surrounding provinces as part of our OHS specialist service.
Frequently Asked Questions
Is sick pay for a work accident paid from the first day?
Yes. Under Art. 18/1-a of Law No. 5510, the temporary incapacity allowance for a work accident is paid for each day, provided there is a sick-leave report. The three-day waiting period and the 90-day contribution requirement that apply to sickness do not apply to a work accident.
How much is the temporary incapacity allowance?
It is half of daily earnings for in-patient treatment and two thirds for out-patient treatment. Daily earnings are calculated from the earnings subject to contributions in the twelve months before the accident.
Does the employee pay anything towards work accident treatment costs?
No co-payment is taken for health services provided in cases of work accidents and occupational diseases. Documented health service costs provided immediately by the employer are covered by the SGK.
Can an employee on a sick-leave report be dismissed?
The employer's right to terminate without notice because of the accident arises only after the notice period that applies to the worker's length of service has been exceeded by six weeks. For employees covered by job security, temporary absence within this period is not a valid reason for termination.
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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.