ABSTRACT

Occupational accidents originate civil liability as well as criminal liability. In accordance with Article 253 of Criminal Procedure Law No. 5237, occupational accidents which resulting in injury are also within the scope of reconciliation. In consequence of the reconciliation if the parties agree on compromise about material and moral compensation, there is no longer possible to file suit about this subject matter Article 253/19 of Criminal Procedure Law No. 5237 . It is controversial whether to apply aforementioned prohibition of litigation if there is a lesion which is regulated in Article 28 of Turkish Code of Obligations Law No 6098. Because, calculation of material compensation from occupational accidents requires to proficiency, informed enough the parties about calculation may not possible most of the time. Therefore, it is necessary to examine whether the