When a work accident occurs, it matters not only that the employer reports it within the legal deadline, but that the report is made to the right authorities and in the right form. An improperly made report can create liability even where the deadline itself was met. This is shaped by Article 13 of Law No. 5510 together with the relevant provisions of Law No. 6331 on Occupational Health and Safety.
Below is a general overview of which authorities a work accident must be reported to, which documents are involved, and the steps to follow. The specific facts of an incident may affect the steps required.
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How Many Separate Authorities Must Be Notified?
A work accident report is not made to a single authority but to several independent ones: the competent law enforcement authority (police or gendarmerie) at the scene must be notified immediately, and the Social Security Institution within three working days. The occupational safety specialist or workplace physician responsible under occupational health and safety legislation is also required to record the accident.
Which Document Is Used to Report to the Social Security Institution?
The report to the Institution is made by completing the "Work Accident and Occupational Disease Notification Form" prescribed by the Institution. As a rule the report is filed through the Institution's electronic system (the "Work Accident and Occupational Disease e-Notification" screen on e-SGK); where the system is unavailable or force majeure applies, the form may also be delivered in person or by mail to the relevant social security centre. For deadline purposes, the filing date is established from the system records or the postal date. The form must include details of where, how, and under what circumstances the accident occurred, the insured worker's identifying information, and any witnesses.
What Are the Employer's Responsibilities Before and After Reporting?
From the moment the accident occurs, the employer must first ensure the insured worker receives medical attention, secure the accident scene without disturbing the evidence as far as possible, and fully record the details of the accident — date, time, location, and witnesses. Under Law No. 6331, the employer is also required to keep records of all work accidents at the workplace and prepare an investigation report.
After reporting, the employer remains obligated to provide the necessary information and documents for any inspection carried out by an SGK inspector or a labor inspector.
Can the Worker or Their Relatives File the Report?
The reporting obligation primarily belongs to the employer; however, where the employer fails to report, or reports late, the worker themselves, their relatives, or healthcare providers may also bring the matter to the Institution's attention. Healthcare providers are required to notify the relevant Social Security office when a patient presents due to a work accident; this notification does not remove the employer's own obligation.
What Are Common Mistakes in the Reporting Process?
Common mistakes in practice include incompletely or incorrectly filling out the form, failing to clearly record the accident location and witness details, delaying the report to law enforcement, and inconsistencies between the Institution report and the workplace's own occupational health and safety records. These procedural errors can later be weighed against the employer in a lawsuit seeking a formal finding of the accident or compensation.
How the reporting deadlines are calculated is covered separately in our article on the work accident reporting deadline.
Frequently Asked Questions
Do near-miss incidents also have to be reported to the Institution? No. Under Article 14 of Law No. 6331, "near-miss" incidents that cause no injury or death but damage, or could have damaged, the workplace or work equipment must be investigated and recorded by the employer; reports to the Social Security Institution, however, are made only for work accidents and occupational diseases.
Can statements in the notification form later be used against a party? Yes. The account of how the accident occurred given in the form is taken into account both in the SGK inspector's assessment of fault and in any subsequent compensation lawsuit. It is therefore important for both sides that the form is completed accurately, completely, and consistently with the scene examination and witness statements.
Which office handles the report in İzmir? Electronic reports are filed through e-SGK; where a paper filing is required, it is submitted to the social security centre to which the workplace is affiliated (the centres under the İzmir Provincial Directorate of Social Security). Disputes over whether an incident qualifies as a work accident are heard by the labour courts at the İzmir Courthouse in Bayraklı. Our office in Konak provides support in work accident matters across İzmir; for more comprehensive information, see our İzmir employment lawyer page.
Av. Mehmet Yücesoy
İzmir Attorney & Legal Consultancy
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