Moral Damage Moral damage can be defined as the emotional and/or physical pain such as grief, sorrow. Sadness that a person feels as a result of an attack on the right of personality. In the event that a person’s physical integrity is damaged. The money paid to the injured person or in some cases to his/her relatives. Taking into account the characteristics of the event, is called moral compensation.
In order for non-pecuniary compensation. To be awarded for the relatives of the injured or deceased due to an occupational accident.
The occurrence of damage as a result of the act.
Causal link between the damage and the act.
The act is unlawful.
Physical damage to the labourer.
The existence of conditions is sought.
Moral compensation is determined according to the fault rates of the parties. Their financial status and the magnitude of the moral damage incurred. For this reason, the amount of moral compensation is different for each concrete case.
In case of severe bodily harm or death. An appropriate amount of money may be decided to be paid to the relatives of the injured or deceased as moral compensation.
Material Compensation: The provisions of the Turkish Code of Obligations regarding compensation for wrongful acts are applicable in the case of material. Compensation due to occupational accidents. Accordingly, in the event of death or bodily harm, the items of pecuniary compensation. That can be claimed by the employee and the relatives. Of the employee in the work accident compensation case are regulated in Articles 53 and 54 of the TCO.
In the event of death, the damages suffered are particularly as follows.
Funeral expenses.
If the death did not occur immediately. Treatment expenses and losses arising from the decrease or loss of working capacity.
Losses incurred by persons deprived. Of the support of the deceased for this reason
In particular, bodily damage includes.
Medical expenses.
Loss of earnings.
Losses resulting from loss or impairment of earning capacity.
Losses resulting from damage to economic prospects.
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