Özet:

The main reason for providing the right to recourse before the Social Security Institution due to occupational accident or disease is to enforce employers to take occupational health and safety precautions. However, the legal character of the right to recourse is controversial. Within this context, various decisions of the Supreme Court should be evaluated. The related evaluation will contribute to the understanding of the problems that emerge in practice. Furthermore, it should be clarified when the responsibility comes out towards Social Security Institution within the scope of various possibilities. In fact, it is observed that more complicated problems emerge especially both sub-contracting practice and third party who causes occupational accident or disease. It can be said that defect liability is adopted in general. In addition, inevitability shall be considered in determining the responsibility according to Law No. 5510. Therefore, the statement of inevitability is especially analysed. In our opinion, inevitability should be

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