COMPENSATION LAW
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WHAT IS COMPENSATION LAW?
Compensation law generally deals with compensation disputes arising from tortious acts or any other reason.
Thanks to the regulations on compensation, it is ensured to prevent people from being harmed by unlawful acts and to protect the victim by compensating the damage when the damage occurs.Contact for details
1.1. What is Compensation?
Compensation is the price paid in return for material or moral damage caused by an unlawful act.
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HOW IS COMPENSATION DIVIDED?
It is divided into two as material compensation and moral compensation.
2.1. Material Compensation
Material compensation is the type of compensation awarded to compensate for the diminution and decrease in the assets of the person.
2.2. Moral Compensation
Moral compensation is a type of compensation that is awarded as a result of the person’s sorrow and pain due to the wrongful act suffered by the person and the damage to his/her personal rights.
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WHICH COURT IS THE COMPETENT COURT IN COMPENSATION CASES?
All non-commercial compensation cases are filed in the civil courts of first instance.
The competent court for disputes arising from a commercial business and disputes with material and moral compensation claims where both parties are merchants is the commercial courts of first instance.
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WHICH COURT IS THE COMPETENT COURT IN COMPENSATION CASES?
The lawsuit for pecuniary and non-pecuniary damages may be filed at the residence of the defendant, or if the defendant is a legal person, at the civil court of first instance where the headquarters of the legal person is located.
If there is more than one defendant, the compensation lawsuit can be filed in the place of residence of any of them.
In cases arising out of tort, the court of the place where the tortious act was committed or the damage occurred, or the court of the place of residence of the injured party is also authorised.
Contractual actions may also be brought before the court of the place of performance of the contract.
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WHO CAN FILE COMPENSATION LAWSUITS?
Compensation lawsuits can be filed by anyone who has been subjected to a wrongful act or transaction.
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AGAINST WHOM CAN COMPENSATION LAWSUITS BE FILED?
Material and moral compensation lawsuits are filed against real or legal persons who have committed the act or transaction that caused death, injury or other material damage. In the case of torts, the lawsuit for compensation is filed against the person by whom the wrongful act was committed.
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IN WHICH CASES CAN A COMPENSATION LAWSUIT BE FILED?
In order to file a lawsuit for compensation, there must be a wrongful act, a violation of the contract based on a debt and receivable relationship, and a damage must have occurred against the wrongful act.
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WHAT ARE THE TYPES OF COMPENSATION LAWSUITS?
There are many different types of compensation cases. Some of them are as follows:
-Labourer’s severance pay case
-Compensation for unlawful detention
-Lawsuit for pecuniary and non-pecuniary damages due to divorce case
-Labour security compensation case
-Claims for pecuniary and non-pecuniary damages arising from medical malpractice
-Material and moral compensation cases that can be filed due to work accidents
-Compensation lawsuit that can be filed due to occupational disease
-Material and moral compensation lawsuits that can be filed after a traffic accident
-Compensation Cases Arising from Wrongful Acts
-Compensation cases arising from violation of personal rights
-Deprivation of Support Compensation
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TYPES OF COMPENSATION
9.1. COMPENSATION FOR DEPRIVATION OF SUPPORT
Compensation for deprivation of support is one of the most frequently filed compensation cases in daily life. Especially as a result of fatal traffic accidents, compensation for deprivation of support is requested. Causing the death of a person constitutes a wrongful act. As a result of the death of this person, not only the deceased person but also the relatives of the deceased person suffer damages. Compensation for deprivation of support is organised to compensate the damage suffered by the deceased for exactly this reason. Persons who are deprived of the support of the deceased and who will be deprived in the future can file this lawsuit.
9.2. PECUNIARY AND NON-PECUNIARY COMPENSATION FOR TRAFFIC ACCIDENTS
The lawsuit for pecuniary and non-pecuniary damages due to a traffic accident is a type of compensation lawsuit filed by the persons who have suffered damages against those who are responsible for the traffic accident in order to compensate for bodily damages such as death and injury in an accident involving at least one motor vehicle and damages to the assets of third parties such as houses, cars, land.
9.3. COMPENSATION FOR MOBBING
Mobbing (psychological harassment) and right to compensation is a lawsuit filed by the person subjected to mobbing against the mobbing perpetrator for compensation. Lawsuits filed due to mobbing (psychological harassment) may be subject to different legal benefits. The person subjected to psychological harassment may file a lawsuit for mobbing (psychological harassment) and right to compensation with a claim for non-pecuniary damages.
9.4. PECUNIARY AND NON-PECUNIARY COMPENSATION IN DIVORCE CASE
Divorce is a type of lawsuit filed by the spouses to end the marriage union. An uncontested or contentious divorce case can be filed. If the parties have agreed on the results of the divorce, then an uncontested divorce protocol is drawn up and if compensation is to be paid, when, how much and how it will be paid is written in the protocol. If the parties cannot reach an agreement, a contentious divorce case is filed and the court makes an evaluation in line with the evidence and allegations.
Material and moral compensation can be claimed together with the divorce case or it can be claimed with a separate lawsuit to be filed separately. The important criterion in determining the compensation is whether one of the spouses is at fault or not.
9.5. COMPENSATION FOR DOCTOR’S ERROR (MALPRACTICE)
In general, medical malpractice, in other words, medical malpractice of a doctor, can be defined as the patient being harmed as a result of misdiagnosis, incorrect treatment or incomplete care service due to the lack of knowledge, inexperience or indifference of the doctor or health institutions such as medical centres, polyclinics, hospitals, etc.
Medical malpractice (doctor’s error) compensation case; It arises from all kinds of practices contrary to medical standards during the diagnosis, treatment and patient care stages of the disease.
9.6. SENIORITY INDEMNITY
Severance pay refers to the compensation that an employee who has completed at least one year in his/her workplace is entitled to due to his/her seniority if certain conditions are met. The worker contributes to the execution of the activities of the enterprise with his/her labour and qualifications and receives wages in return; however, the laws have regulated that the worker should not be contented only with the payment of his/her wage and that the worker deserves compensation due to his/her seniority.
9.7. COMPENSATION FOR WORK ACCIDENTS
The worker who has suffered a work accident has the right to material and moral compensation in order to compensate for the damage suffered after this accident.
Material compensation includes permanent loss of labour force, temporary incapacity allowance, treatment expenses and temporary care expenses. In case of death, the compensation for deprivation of support deserved by relatives can be considered within the scope of material compensation.
Moral compensation, on the other hand, aims to alleviate the deep pain, sorrow and psychological trauma caused by the accident. In case of death, the relatives have the right to claim moral compensation, and in case of disability, the employee himself/herself has the right to claim moral compensation.
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WHO IS A COMPENSATION LAWYER? WHAT DOES HE/SHE DO?
Compensation lawyer is a lawyer who specialises in compensation law and performs his/her profession by providing legal consultancy and litigation follow-up services in compensation law business, transactions, disputes and lawsuits.
Compensation lawyer can undertake the legal representation of the person against whom compensation is sought as well as the legal representation of the person seeking compensation.
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IS IT COMPULSORY TO HIRE A COMPENSATION LAWYER?
Compensation lawsuits are not necessarily one of the lawsuits that must be pursued with a lawyer; a person may well be found without a lawyer in the compensation lawsuit to which he is a party. However, a compensation lawyer ensures that the petitions to be submitted to the case file comply with the law in terms of procedure and content, that the hearings are followed, and that the desired result is achieved in a short time by performing an effective and effective defence. In this respect, hiring a compensation lawyer would be the best approach.