Turkish Court of Cassation sets precedent on work accident definitions

The 10th Civil Chamber of the Turkish Court of Cassation has issued a precedent-setting ruling regarding the definition of a work accident. The High Court ruled that the death of a worker at a fish farm cannot be classified as a work accident because the incident occurred outside the scope of official duties.

The case involved a worker, Z. Y., who drowned after experiencing sudden back pain while swimming in the sea. According to the court findings, the worker had completed his task of feeding fish using a company boat and had gone to a container to eat. After eating, he used the boat to travel to an area where ships were anchored to swim.

The Court of Cassation emphasized that the location where the accident occurred was not within the employer's workplace boundaries and that the worker was not acting under any specific assignment or instruction from the employer at the time. Consequently, the court determined that the incident does not meet the criteria for a work accident under Article 13 of Law No. 5510. The ruling overturned a previous decision by the Regional Court of Justice and sent the case back to the Labor Court for reconsideration.