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."
4th Civil Chamber 2022/11372 E. , 2022/14207 K.
The lawsuit is related to the claim for pecuniary compensation for bodily harm caused by a traffic accident.
In the actuary's report, which was taken for the calculation of the loss of labour compensation that the claimant may be entitled to and accepted as the basis for the decision; it is seen that the calculation was made based on the minimum wage including the LVI for the period considered as the active working period of the claimant. The minimum subsistence allowance is a payment in return for actual work, and it is not possible to include it in the wage when calculating compensation for loss of effort for people who do not actually work. In this respect; for the plaintiff, who is a housewife and does not actually work in an income-generating job, while calculating the compensation for loss of labour (loss of effort), it is necessary to calculate over the minimum wage not included in the AGI in all periods when the compensation calculation is made (also for the period considered as the active period). The report that does not observe this aspect is erroneous, and making a decision with incomplete examination according to the aforementioned report required a reversal.