COMPENSATION LAW

Compensation Law is a branch of law aimed at the compensation of damage caused to one person by the unlawful act of another. This area regulates the process of compensating for damages suffered by individuals in cases such as torts, breach of contract, workplace accidents, wrongful arrests, and similar situations. Compensation involves a specific payment made to cover the material and moral damages suffered by the injured party. Compensation law secures the legal rights of the injured person and determines the legal responsibilities to prevent unjust harm. This article discusses the fundamental principles of compensation law, types of compensation, ways of compensating damages, and important issues regarding the process of filing a compensation lawsuit.

Fundamental Principles of Compensation Law

The primary aim of compensation law is to remedy the damage suffered by the injured party and to restore the victim to their original state. The Turkish Code of Obligations and the Turkish Penal Code are the most important sources of compensation law. The fundamental principles of compensation law are:

Restoration of Damage: The primary purpose of compensation is to cover the damage suffered by an individual. Compensation is a tool aimed at ensuring the full restoration of the damage.
Justice and Balance: Compensation aims to protect the rights of the victim while imposing a punitive cost on the wrongdoer. However, this cost should fully compensate for the damage suffered by the victim.
Responsibility: The responsibility for compensation arises from situations like torts or breach of contract. In such cases, the person or institution causing the damage is responsible.
Moral Compensation: In addition to material damages, the psychological losses suffered by the injured person are also taken into account. Especially in cases involving psychological harm or violations of personal rights, moral compensation comes into play.
Predictability: When calculating compensation, it is also important to assess how foreseeable the damage was and how much of it can be considered a natural consequence.

Types of Compensation

Compensation law covers various types of compensation based on the type and cause of the damage. The most common types are:

Compensation Arising from Torts A tort occurs when a person's unlawful behavior causes harm to another. According to the Turkish Code of Obligations, damages resulting from torts must be compensated.

Examples of damages in tort cases include:

Personal Injury: Harm caused to another person’s body or health.
Material Damages: Economic loss caused by the destruction or loss of property.
Psychological Damages (Moral Damages): Emotional distress caused by violations of personal rights, slander, or ill-treatment.

In cases of tort, the injured party must prove a causal link between the act and the damage suffered.

Compensation Arising from Breach of Contract Breach of contract occurs when one of the parties fails to comply with the terms of the contract. The party breaching the contract is obligated to compensate the damages suffered by the other party.

For example:

Failure to deliver goods within the specified time during a sale.
Failure to perform the work as promised in a service contract, either in a timely or sufficient quality.

In such cases, the injured party can claim material damages and may also seek compensation for moral damages arising from the breach.

Compensation from Workplace Accidents A workplace accident is an event occurring at the workplace that negatively affects the health or life of an employee. Employees or employers may claim compensation due to workplace accidents. According to Turkey's occupational health and safety regulations, an employee injured in a workplace accident can claim compensation from both the employer and the Social Security Institution.

Material Compensation for Workplace Accidents: If the accident leads to temporary or permanent disability, compensation for these damages should be provided.
Moral Compensation: Employees can also claim moral compensation for psychological trauma or pain caused by the accident.

Compensation for Violation of Personal Rights A violation of personal rights refers to any behavior that harms a person's honor, dignity, or reputation. Attacks on personal rights can require both material and moral compensation. In such cases, material compensation addresses the direct damages suffered, while moral compensation is paid as a price for the attack on the person's dignity.

Examples include:

Slander or defamation.
Harassment or illegal detention, which could constitute a violation of personal rights.

Moral Compensation Moral compensation aims to remedy the psychological or emotional harm suffered by an individual, in addition to material damage. Moral compensation claims generally arise in cases of torts, violations of personal rights, discrimination, or defamation.

When determining the amount of moral compensation, factors such as the severity of the damage, the intent of the perpetrator, the victim's condition, and societal values are taken into account. However, moral compensation is subject to more flexible regulations than material compensation and is calculated based on the emotional pain, sadness, or trauma experienced by the person, rather than tangible damage.

Process of Filing a Compensation Lawsuit

The process of filing a compensation lawsuit begins with the injured person documenting the damages they have suffered and following the necessary legal procedures to request compensation. The steps to file a compensation lawsuit include:

Damage Assessment: The first step is to determine the extent of the damage. For material damages, this can be done through invoices, reports, or evidence, while for moral damages, witness statements or psychological reports may be provided.
Preparation of the Petition: The content of the compensation claim is determined according to the type of damage suffered. The petition must clearly state the source of the damage and the reasons for the compensation request.
Application to the Relevant Court: Compensation lawsuits are heard in courts such as Civil Courts or Criminal Courts. The application should be made to the relevant court.
Court Process: The court reviews the case, hears the parties, and decides whether the damage should be compensated. If the court determines that compensation is required, it will determine the amount of compensation.
Payment of Compensation: After the court's decision becomes final, the responsible party is required to make the payment.

Compensation law is an essential branch of law that protects the rights of injured parties, remedies their damages, and helps ensure justice. In cases such as torts, breaches of contract, and workplace accidents, providing fair compensation to the victims is crucial. In this process, proper legal guidance and expert legal support are vital for ensuring that damages are compensated and the rights of the victims are protected.

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