The Legal Status Of Employer's Liability In Occupational Accidents And Professional Diseases In The Light Of The Supreme Court Decisions

December 2024

The article written by our founding partner Att. Setenay Kaya Özlütürk titled “The Legal Status of Employer’s Liability in Occupational Accidents and Professional Diseases in the Light of the Supreme Court Decisions” has been published in İstanbul Bar Association Magazine.

In our study, the legal status of the employer's legal liability in occupational accidents and professional diseases within the scope of Article 417 of the Turkish Code of Obligations and Article 4 of the Occupational Health and Safety Law was examined within the framework of the Supreme Court's decisions.

In the first part of our study, which consists of three main sections, the source of the employer's legal liability arising from occupational accidents and professional diseases and the liability provisions it is subject to are explained.

In the second part, the opinions in the doctrine regarding the employer's legal liability are explained and then our own legal opinion is given. In the third and last part of the study, the approach of the Supreme Court regarding the legal status of the employer's liability in occupational accidents and professional diseases is examined via decisions given over time.

Attorney Setenay Kaya Özlütürk's article titled "The Legal Status of Employer’s Liability in Occupational Accidents and Professional Diseases in the Light of the Supreme Court Decisions” is now published, you can find the full text in Turkish here.