Medical & Compensation

How Is Compensation Calculated in Turkey?

In Turkey, the money you can claim after an accident is not a round number a judge picks — it is calculated actuarially. The court projects the income you lose because of your injury over your working life and remaining years, then scales it by your disability rate and reduces it by any share of fault that was your own.

The short answer: how the figure is built

Pecuniary (financial) compensation for a permanent injury in Turkey is, in essence, a single sum that replaces the earnings you will lose. It is built in four moves:

  • How long you would have earned — your remaining life expectancy is read from the TRH-2010 National Mortality Table by your age and sex.
  • What you would have earned — your real net income for the working years, and the net minimum wage for the years after retirement age.
  • How badly you were hurt — the total is multiplied by your disability rate (the percentage of working capacity you lost).
  • Whose fault it was — the total is reduced by your own share of fault, if any.

You can put your own numbers into this method in a couple of minutes with our free compensation calculators before you speak to a lawyer.

Which accident does your claim come from?

Your claim runs under the Highway Traffic Code (Law 2918) and the Code of Obligations (TBK 6098). Compulsory traffic insurance (ZMSS) pays up to the policy limit, and the at-fault driver or operator covers what is left. Traffic claims are generally subject to a two-year limit from when you learn of the harm and who is responsible, so the date you found out matters. Any share of fault of your own, such as not wearing a seatbelt, is deducted from the figure.
Work accidents fall under the Occupational Health and Safety Law (6331), the Social Security Law (5510) and TBK 6098. The employer is liable in proportion to its own fault, not automatically for the whole loss. The present value of any SGK disability pension is deducted from the award, so those papers change the number. The calculation method itself is the same one used for every other injury claim.
Malpractice, assault and general bodily harm rest on TBK 6098 and its tort and bodily-integrity rules. The figure is built the same way: projected income, then your disability rate, then any fault of your own. Your disability rate comes from a forensic medical report, often from the Council of Forensic Medicine (ATK), which is why hospital and forensic records carry so much weight. Pain and suffering is claimed separately as moral damages and has no formula.

What you can claim: pecuniary and non-pecuniary damages

Turkish law separates two kinds of damage, and they are decided in completely different ways.

Pecuniary (maddi) damages are your measurable financial loss: lost earnings, loss of earning capacity, medical and care costs, and similar. This is the part that is calculated with the actuarial method described below, and the part our calculators estimate.

Non-pecuniary (manevi) damages compensate pain, suffering and loss of quality of life. There is no formula for them — the judge sets the amount at their discretion, weighing the severity of the injury, the fault involved and the parties' circumstances. For that reason, moral damages are never included in any calculator figure. For the wider picture of what each head of damage covers, see our guide to pecuniary and non-pecuniary damages.

The method the courts use: TRH-2010, active and passive periods

The binding calculation in a Turkish case is produced by a court-appointed actuarial expert (aktüer bilirkişiBilirkişiCourt-appointed expertAn independent expert appointed by the court to report on a technical question the judge is not expected to decide alone.Glossary →), and the courts now expect a specific method.

Your remaining lifetime is split into two periods:

  • Active period — from the date of the accident to retirement age (taken as 60 by convention). For these years your real net income is used.
  • Passive period — from 60 to the end of your statistical life. For these years the net minimum wage is used, because a person is assumed able to earn at least that much.

Each future year's income is then brought to a present-day sum using a progressive annuity: income is assumed to rise about 10% a year and is discounted by about 10%, so the two effects cancel and each year counts as roughly one year's income. (The old fixed 1.8% technical-interest discount is no longer accepted by the Court of Cassation.) Older life tables such as PMF-1931 have likewise been replaced by TRH-2010.

What raises or lowers the amount

Four inputs move the figure more than anything else:

  • Income. A documented salary produces a much higher award than the minimum wage. If you cannot prove your earnings, the net minimum wage is used as the floor — so payslips, contracts and tax records matter.
  • Disability rate. This comes from a forensic medical report (often the Council of Forensic Medicine, ATK). A 40% rate yields roughly twice a 20% rate.
  • Your own fault. If you were partly to blame — for example, not wearing a seatbelt — your share is deducted. 25% contributory fault removes 25% of the award.
  • Age. A younger claimant has more working years ahead, so the projected loss — and the award — is larger.
Common belief

The judge decides how much I get, so the amount is basically guesswork.

In fact

Pecuniary (financial) compensation is calculated actuarially, not picked. Your remaining life is read from the TRH-2010 National Mortality Table, split into an active period up to retirement age (taken as 60 by convention) on your real net income and a passive period after it on the net minimum wage, then multiplied by your disability rate and reduced by your own fault. Only moral damages are left to the judge's discretion.

Common belief

Pain and suffering is part of the calculated figure.

In fact

It is not. Non-pecuniary (manevi) damages compensate pain, suffering and loss of quality of life, have no formula, and are set separately by the judge weighing the severity of the injury, the fault involved and the parties' circumstances. They sit on top of the calculated financial loss, never inside it.

Common belief

If I cannot prove my income, there is nothing to calculate.

In fact

There is a floor. Where earnings cannot be documented, the net minimum wage is used instead, and the years after retirement age are always calculated on the net minimum wage anyway. But a documented salary produces a much higher award than the minimum wage, which is why payslips, contracts and tax records matter so much.

Common belief

Being partly to blame means I get nothing.

In fact

Your share of fault is deducted proportionally, not used to cancel the claim. If you carry 25% of the fault, 25% comes off the award. Fault is fixed by an expert report rather than agreed between the parties, and the same is true of the disability rate.

Traffic, work and medical accidents: how the basis differs

The calculation engine is the same, but the legal route and who pays differ by accident type.

Why a calculator is an estimate, not the final figure

An online tool applies the right method to the numbers you enter, which makes it a genuinely useful way to set expectations and plan. It is not, however, the figure the court will award.

The binding amount depends on the forensic disability rate, the official apportionment of fault, the income evidence accepted by the court and the dates in your file — all of which are settled through the court-appointed expert report. Treat a calculator result as a well-grounded ballpark, then have a lawyer pressure-test it against your documents.

How foreigners injured in Turkey make a claim

You do not have to be in Turkey, or speak Turkish, to claim. Most foreign clients grant a Turkish power of attorney, which lets a lawyer file, negotiate and appear on their behalf while they recover at home.

What protects the value of a claim is evidence gathered early: the accident or incident report, hospital and forensic records establishing the disability rate, and proof of income. Time limits are real — traffic claims, for instance, are generally subject to a two-year limit from when you learn of the harm and the responsible party (longer where a criminal limitation period applies). If you are unsure where your claim stands, tell us what happened and we will review it.

6098LAW NO.
Code of Obligations (TBK)

The tort and bodily-integrity rules behind medical malpractice, assault and general injury claims, and the backdrop to traffic and work claims.

2918LAW NO.
Highway Traffic Code

Governs traffic accident claims, alongside compulsory traffic insurance (ZMSS) up to the policy limit.

6331LAW NO.
Occupational Health and Safety Law

Part of the basis for work accident claims, where the employer answers in proportion to its fault.

5510LAW NO.
Social Security Law

Governs the SGK side of a work accident; the present value of an SGK disability pension is deducted from the award.

Time limits that can end a claim
2 yearsTraffic claims: generally 2 years from learning of the harm and who caused it.
10 yearsThe long-stop for traffic claims. A longer period can apply where a criminal limitation period does, so confirm your own limit rather than assuming a claim is dead.

What to gather before you speak to a lawyer

What protects the value of a claim is evidence gathered early. These are the things worth collecting before your first conversation.

Frequently asked questions

How much compensation will I get for an accident in Turkey?

It depends on your income, your disability rate, your age and any fault of your own. As a rule, pecuniary compensation equals your projected lost earnings multiplied by your disability rate and reduced by your share of fault. Our calculators give a fast estimate; the binding figure comes from a court-appointed expert report.

Is compensation calculated on my real income or the minimum wage?

On your real net income for your working years, provided you can prove it with payslips, a contract or tax records. If your earnings cannot be documented, the net minimum wage is used as the floor. Years after retirement age are always calculated on the net minimum wage.

Does my own fault reduce the compensation?

Yes. If you were partly responsible for the accident or your injury, your share of fault is deducted from the award. For example, 30% contributory fault removes roughly 30% of the figure. Fault is fixed by an expert report, not by the parties.

Is moral (non-pecuniary) compensation included in the calculation?

No. Moral damages compensate pain and suffering and are set separately by the judge at their discretion, with no formula. Any calculator figure covers only pecuniary (financial) loss, so moral damages are claimed and awarded on top of it.

How long do I have to claim compensation in Turkey?

It varies by claim type. Traffic claims are generally subject to a two-year limit from when you learn of the harm and the responsible party, and a ten-year long-stop, with a longer period where a criminal limitation applies. Because the deadlines differ and exceptions exist, confirm your own limit with a lawyer early.

Do I have to be in Turkey to bring a claim?

No. Most foreign clients instruct us remotely and grant a Turkish power of attorney, which lets us act for them — filing, negotiating and appearing — without them travelling. Evidence can usually be gathered and submitted on your behalf.

How accurate is an online compensation calculator?

A good calculator uses the same method as the courts (the TRH-2010 table, active and passive periods), so it is a reliable estimate for planning. It cannot replace the court-appointed actuarial report, which fixes the binding amount from the official disability rate, fault apportionment and accepted income evidence.

Need a lawyer for this?We handle medical malpractice for foreigners, end to end, in English, on a fixed fee.
Medical Malpractice

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Pecuniary and Non-Pecuniary Damages: A Legal FrameworkMedical Malpractice Claims in Turkey: An OverviewLiability for Medical Malpractice in University HospitalsMedical Malpractice in Türkiye: <em>How Foreigners Claim Compensation</em>
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