contact

ACTUARIAL COMPENSATION CALCULATION TOOL

FREQUENTLY ASKED QUESTIONS (FAQ)


GENERAL INFORMATION

Q: What does this tool do?

The Actuarial Compensation Calculation Tool enables the calculation of pecuniary damages resulting from occupational or traffic accidents using actuarial methods. It supports two main types of calculations: loss of support compensation (for fatal accidents) and disability (incapacity for work) compensation. It performs calculations in accordance with Supreme Court precedents using the TRH-2010 life table, the progressive rent method, and the 360-day basis.

Q: Who can use it?

The tool is primarily designed for lawyers, actuaries, and insurance experts. It is for informational purposes only and does not constitute legal advice.

Q: Which methodology does it use?

The tool is based on four core technical principles:

  • TRH-2010 (Turkish Life Table 2010): Used for calculating remaining life expectancy in accordance with Supreme Court 10th Civil Chamber (2021/6505 E.) rulings.

  • Progressive Rent Method: Applies a 10% increase and a 10% discount ($1.1 \times 0.9090 \approx 1.0$ neutral), allowing the calculation to be based on the current wage.

  • Linear Interpolation: Life expectancy is calculated precisely by treating age as a fraction, ensuring accuracy between full years without rounding.

  • 360-Day Basis: Based on Supreme Court 17th Civil Chamber (2016/7626 E.) rulings, 1 year is accepted as 360 days and 1 month as 30 days.

Q: Does the tool work offline?

Yes. It is entirely HTML and JavaScript-based and does not require a server connection. You can use it in any browser without an internet connection.


INTERFACE AND TABS

Q: How many tabs are there and what are their functions?

The tool consists of four tabs:

  1. Input: The main form where all data is entered.

  2. Result: Displays summary cards and tables of the calculation results.

  3. Tables: Provides detailed temporary incapacity and progressive rent breakdown tables.

  4. Methodology: Explains the calculation methods and legal bases used.


CALCULATION TYPE AND GENERAL SETTINGS

Q: What is the difference between "Fatal Accident" and "Disability"?

  • Fatal Accident (Loss of Support): Calculates the financial loss suffered by the surviving right holders (spouse, children, parents) of the deceased. Share distribution is applied according to 5510 SK Art. 34.

  • Disability (Incapacity for Work): Calculates temporary incapacity, permanent disability, and "shaking of economic future" damages for the injured person.

Q: What does the fault rate mean?

This represents the fault percentage of the counterparty (the defendant). Calculated total damage is multiplied by this rate to determine the final compensation. For example, 100% fault means the entire damage can be claimed from the other party.

Q: What is the purpose of currency selection?

Calculations can be made in USD, TRY, or EUR. USD is typically selected for individuals earning in foreign currency, such as seafarers. Conversion for passive periods and shore-work calculations is handled automatically via the exchange rate.


INJURED / DECEASED INFORMATION

Q: Which dates must be entered?

Four basic date inputs are required:

  • Date of Birth: The basis for age and remaining life expectancy calculations.

  • Incident Date: The date the accident occurred.

  • Report Date: Marks the start of the future period for disability, or the calculation date for fatal accidents.

  • Retirement Age: Determines the active/passive period split (Usually 65 for seafarers, 60 for others).

Q: How is the remaining life calculated?

It is based on the TRH-2010 life table with separate data for males and females. The person's age on the incident date is calculated as a fraction, and linear interpolation is used to precisely determine the remaining life between exact ages.


DISABILITY CALCULATION

Q: What is the permanent disability rate?

This is the permanent incapacity rate determined by a hospital health board. For example, a 22.2% disability means the person has permanently lost 22.2% of their working capacity.

Q: What is the "Wage Difference Approach (Kalkan)"?

It is the calculation of the difference between the sea-going wage and the shore wage as a single item. For example; if the sea wage is 2,532 USD and the shore wage is 571 USD, the entire calculation is based on the 1,961 USD difference. It is a simpler method.

Q: What is the "Separate Calculation Approach (Şişman)"?

A method where sea-going income (USD) and shore earnings (TRY) are calculated separately. Sea income is treated as a total loss, and the workable portion on shore (based on the disability rate) is deducted. It provides a more detailed analysis.

Q: What does "shaking of economic future" mean?

Relevant for seafarers under TBK Art. 54. It assumes that after an accident, the ability to work on a ship is lost entirely (100% loss), while the person is assumed to be capable of working on shore at the minimum wage level at the remaining rate after deducting the disability rate.


LOSS OF SUPPORT (FATAL ACCIDENTS)

Q: How is pay distributed?

Provisions of 5510 SK Art. 34 are applied:

  • If only a spouse exists: 4/8 share.

  • If there is a spouse and one child: Spouse 3/8, child 2/8.

  • If parents exist: Each receives a 1/8 share.

  • Shares are automatically redistributed as support periods end.

Q: How is the child's support period determined?

Based on education status; support continues until age 18 for normal education and until age 25 for higher education.


IMPORTANT WARNINGS

NOTICE: The results of this tool are not definitive. It is for informational purposes only and does not constitute legal advice. Every case has unique conditions, specific court rulings, and varying Social Security (SGK) practices. An actuarial expert or a lawyer should be consulted for a final calculation.


This FAQ document is prepared according to the Actuarial Compensation Calculator v3 (TRH-2010 · Progressive Rent · 5510 SK) version.