Notable ruling from the Court of Cassation: Worker's death while swimming not considered a workplace accident
The Court of Cassation has ruled that the death of a worker who drowned while swimming outside the workplace after completing his duties at a fish farm cannot be considered a workplace accident.
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The 10th Civil Chamber of the Court of Cassation has issued a notable ruling regarding the assessment of workplace accidents. The chamber decided that the drowning of a fish farm worker who went swimming near the workplace after completing his shift cannot be classified as a workplace accident.
According to the case file, a worker named Z.Y. lost his life by drowning in the sea near the fish farm where he was employed. His relatives applied to the 5th Labor Court, requesting that the death be recognized as a workplace accident. The Social Security Institution (SGK) and the other defendant argued that the incident did not constitute a workplace accident and requested the dismissal of the case.
The Labor Court accepted the plaintiffs' request and ruled that the death was a workplace accident. After the defendants appealed the decision, the Regional Court of Justice rejected the appeals on their merits. Subsequently, the decision was taken to the Court of Cassation by the employer's counsel and the SGK's counsel.
The 10th Civil Chamber of the Court of Cassation, which conducted the appeal review, stated that the worker was employed at the fish farm owned by the employer and that after feeding the fish in the pools, he had traveled by a boat provided by the employer to a container for a meal. The ruling noted that after the meal, the worker had taken a boat to the area of the harbor where ships were docked to go swimming, and that after jumping into the sea, he became immobile due to a back spasm and drowned.
The High Court pointed out that the location where the accident occurred was not within the boundaries of the defendant's workplace and that there was no assignment given by the employer at the time of the incident. Therefore, it was concluded that the event could not be evaluated as a workplace accident under Article 13 of Law No. 5510.
The Court of Cassation ruled for the overturning of the Regional Court of Justice's decision and for the case file to be sent back to the Labor Court.