by Magna Carta Law Office
The purpose of the Thailand Compensation Act B.E.2537 is for the protection of the employee’s rights, when an employee suffers from danger or sickness from work.
When can an employee receive compensation?
The employer shall compensate an employee in the following situations:
- Medical Expense
In case an employee suffers from danger or sickness, the employer shall make available immediate appropriate medical treatment for the employee and shall pay the actual necessary medical expenses. The employer shall pay without delay when the employee informs the employer.
- Work Rehabilitation Expense
In case an employee needs to receive work rehabilitation after suffering from danger or sickness, the employer shall pay for the employee’s work rehabilitation expenses, as needed, in accordance with the criteria
- Funeral Expense
In case an employee suffered from danger or sickness causing death or disappearance, the employer shall pay for the funeral expense to the employee’s funeral administrator at the amount of one hundred times of the highest rate of the minimum daily wages under Labour Protection Law.
In case an employee suffers from danger or sickness causing death or disappearance:
- 60% of the monthly wages where the employee is unable to work for more than 3 consecutive days, notwithstanding whether such employee has or has not lost an organ. The payment shall be made from the first day that the employee is unable to work throughout the time that he is unable to work, but not exceeding 1 year;
- 60% of the monthly wages where the employee has lost certain organs of the body, the payment shall be made in accordance with the category of the organs lost and the period of payment as prescribed by the Ministry of Labour, but not exceeding 10 years;
- 60% of the monthly wages where the employee suffers from disability, the payment shall be in accordance with the category of disability and to the period of payment as prescribed by the Ministry of Labour, but not exceeding 15 years;
- 60% of the monthly wages in case of death or disappearance of employee, for 8 years.
Who is entitled person to receive compensation?
When an employee suffered from danger or sickness causing death or disappearance, the following persons shall be entitled to receive the compensation from the employer:
- Parents of the employee;
- Spouse of the employee;
- Employee’s child under 18 years of age, except when having reached 18 years of age and still being in education at a level not higher than a bachelor degree, such person shall continue to receive his or her part throughout the period of education; or
- Employee’s child above the age of 18 suffering from disability or mental infirmity, who was under the care of the employee before the employee has died or disappeared. An employee’s child who is born within 310 days from the date of death or disappearance of the employee shall be entitled to compensation as from the date of delivery.
The entitled persons shall have right to receive the compensation in equal parts.
What is the time scale to submit the petition for requesting compensation?
The employee or the person entitled shall submit a claim for compensation to the Office in a locality where the employee works, or where the employer resides, pursuant to the form prescribed by the Secretary-General within 180 days from the date of suffering from danger, sickness or disappearance of the employee, as the case may be.
In what circumstances does the employee shall not have the right to receive compensation?
The employer needs not to pay compensation in case where the employee’s suffering from danger or sickness is caused by the one of the following cases:
- The employee loses self-control as a result of taking intoxicating, or other addictive substances; or
- The employee intentionally caused himself or herself to suffer danger or has allowed others to cause him or her to suffer from danger.