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CAN A HOUSEWIFE WHO HAS A TRAFFIC ACCIDENT AND BECOMES DISABLED ASK FOR TEMPORARY-CONTINUOUS INCAPACITY COMPENSATION?

Our article on the subject

Court of Cassation Decisions on the Subject;

"4th Civil Chamber 2021/6778 E., 2021/9562 K.

The claimant is a housewife, and according to the report from ... University Faculty of Medicine, Department of Forensic Medicine, the healing period due to injuries from the accident was determined to be 45 days. In the actuarial expert report, a temporary incapacity compensation of 963 TL for this 45-day period was calculated and awarded by the Arbitration Board.

Considering that the claimant was a housewife at the time of the accident and did not have any income-generating employment (nor did the claimant provide any concrete evidence or claims to the contrary), there can be no mention of lost earnings in this context. Therefore, awarding temporary incapacity compensation to the claimant constitutes an inadequate examination, and thus, the decision given in the stated manner necessitates reversal."

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