23.12.2025 18:30
Due to a chain of errors that began with the incorrect registration of his name and gender at birth, Ersin Akbaş, who has been known by five different names throughout his life, had his name determination case and the workplace accident lawsuits he filed to retire returned by the appellate court after 20 years. With the reopening of the retrial, Akbaş's hopes for both retirement and the determination of the workplace accident have been revived.
The life of 60-year-old Ersin Akbaş, who lives in Antalya, has turned into a full-fledged legal and bureaucratic struggle due to a chain of errors that began with being registered as a girl named Ergün at birth.
ERRORS CONTINUED THROUGHOUT LIFE
Although the population record was corrected shortly after, mistakes continued throughout his education, military service, and working life. Akbaş, who received his primary school diploma under the name Ersun, found that his name was written as Ergin on the second diploma issued after his objection. According to his claim, Akbaş served 18 months in the military under his own name between 1986 and 1987, and was called up for military service a second time after the mobilization declared following the Gulf Crisis in 1990, this time serving under the name Ersün.
60 YEARS WITH FIVE DIFFERENT NAMES
Akbaş, who has lived for 60 years under the names Ergün, Ersun, Ergin, Ersün, and finally Ersin Akbaş as per his current identity, faced serious issues in social security premium payments, job search processes, and official records due to this situation. To be able to retire, a lawsuit for name determination and work accident determination was filed at the Antalya 9th Labor Court with his lawyer.
In the response to the correspondence sent to Zonguldak SGK, it was reported that there was no record of Akbaş's mother, Şerife Akbaş, regarding tax liability for the specified dates. Based on the expert report, the court decided to reject the case, with the right to appeal.
DOCUMENT FROM 1992 REVIVED HOPES
After the lawsuit, Akbaş's brother reached an important document from the Zonguldak Çaycuma Tax Office. The document contained information about starting work on 01.05.1992 and leaving the job on 31.12.1997. Additionally, there were records indicating that Akbaş was a taxpayer during the period he worked with his mother. After the document was delivered to his lawyer, Ersin Akbaş appealed to the appellate court with hopes of name determination and retirement.
20-YEAR STRUGGLE FOR WORK ACCIDENT
Ersin Akbaş also had a work accident in 2005 while working at a steel manufacturing company. It is claimed that while he was working without insurance, the cables of the crane loading iron onto a truck broke. One of the falling iron pieces hit Akbaş on the head. Akbaş, who was taken to the hospital in a dazed state, had his accident recorded as a normal accident with the explanation "he fell," and it was claimed that no notification was made to SGK regarding the accident. After his treatment, Akbaş suffered a 70% loss of vision in one eye.
Upon learning that he was working without insurance and that the accident was not reported as a work accident, Akbaş filed a lawsuit for name determination and work accident determination. However, with the death of his coworker, the only witness to the accident, during the lawsuit process, he could not prove the work accident in his 20-year legal struggle. The rejected work accident case was also taken to the appellate court.
APPELLATE COURT RULING TO REVERSE
While the name determination and work accident cases were taken to the appellate court, both files were reversed. The files were sent back to the first-instance court for retrial.
Akbaş's lawyer, Nuray Ertem, stated that the path for retrial was opened after the ruling and expressed the following: "The work accident and name determination cases that we could not prove due to Mr. Ersin's name confusion were returned from the appellate court. The decision was reversed in our favor. A retrial will be conducted. We now have the opportunity to file a new lawsuit regarding the work accident. As soon as the error in the name is corrected, the way for the service determination case will also be opened. If the appellate court decides to determine the work accident due to its reversal, there will also be a possibility of receiving compensation. We will file a compensation lawsuit and make Mr. Ersin happy. Currently, different names such as Ersin, Ersün, Ersun, and Ergün are seen in SGK records. Therefore, service consolidation could not be done. This decision is of precedent quality."
"MY DREAMS WERE REVIVED AFTER 21 YEARS"
Speaking after the appellate court decision, Ersin Akbaş described his feelings with the following words: "The lawsuit regarding the work accident returned from the appellate court after approximately 21 years. We believe that the lawsuits filed will progress more quickly from now on. At least, I think we can establish our presence in court. One of the lawsuits was related to the work accident I had in 2005. At that time, I started working under the name Ersün Akbaş, and the lawsuit was also filed under that name. In 2006, I officially became Ersin Akbaş. I have been living as Ersin Akbaş for about 20-21 years. With documents and information, we aim to ensure the determination of our name with the support of our lawyer. If we can consolidate the names, we will also gain the right to retire. Retiring is not just a dream; it may become a reality. I am 60 years old. I do not know what will happen next, but I hope. The day I learned that the decision was returned from the appellate court, my world was made. Until now, I have never heard someone call me and say, 'the decision has returned from the appellate court.' I believe that justice will be served sooner or later. My dreams have revived after 21 years. Whether it is after 21 years or 30 years, justice finds its place. I hope that one day, after 60 years, our names will be consolidated, and I will retire. I wish to see that day too."