Özet:

The first issue related to the scope of responsibility both employer and third party towards Social Security Institution at action of recourse arising from occupational accident or disease is to determine inner limit and outer limit. Because different civil chambers of Supreme Court have incompatible decisions especially calculating of outer limit. Furthermore the first advance capital value could be change when proceeding continues. The effect of this situation on right of recourse should be assessment. Besides social security payments which couldn’t be subject of action of recourse totally or partially shall not be taken into account when calculating compensation according to art.55 of Turkish Code of Obligations. In this context it should be researched what is mentioned with the expression of ‘social security payments which couldn’t be subject of action of recourse’. Finally Supreme Court concludes that employer and third party are liable against Social Security Institution jointly and severally, when employer and third party cause the damage together. But employer along with the fault of third party is responsible from the amount of whole first advance capital value; on the contrary third party along with the fault of employer is responsible from the amount of half of the first advance capital value. This situation could cause unfair results

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