Accident Compensation

[Valentine]

Last year my gf's brother had an accident while working for a property management company. Quite severely injured the social security office & his employer covered his initial medical expenses (SS paid 45,000 & the employer the rest who continued to pay ongoing costs up until last month. He has needed several operations with more to come & unsure if he will be able to resume his normal work again i.e. he might only be able to do light duties.

His company will not pay any more medical bills stating that he can get an extension of payments from SS who in turn stated the employer is responsible. Does anyone know which is correct? There is currently no accusation the employer was negligent in terms of safety equipment or instructions but could quite likely be the case. However, the family only wants to be paid the medical expenses as they are getting to the stage where they can no longer afford to pay. Going to court is a consideration & in many other countries a substantial payout would almost be assured but not sure of the law in Thailand related to this. The employer is putting all the onus on the family to haggle with SS over extra payments.

Edited January 20, 2011 by Valentine

[zaphodbeeblebrox]

The employer is responsible, as long as the medical expenses are related to the industrial accident and the charges are within the charges allowed under the Ministerial Regulations promulgated pursuant to the Workmen's Compensation Act up to 50,000 baht in medical payments for serious injuries. Thereafter, the Compensation Fund pays the medical expenses. You can read the compensation act here: Workmen's Compensation Act (2537)

Perhaps the problem is that the current medical expenses paid are under 50,000 baht, but the recommended procedures will push the payments over 50,000. This is covered in the Ministerial Regulations, but I'm not sure those are available in English translation. I would contact the Ministry of Labour and get an explanation on responsibility for the medical payments. I would think that the employer has to pay up to the 50,000 limit, and then the compensation fund takes over for anything beyond that.

[Valentine]

The employer is responsible, as long as the medical expenses are related to the industrial accident and the charges are within the charges allowed under the Ministerial Regulations promulgated pursuant to the Workmen's Compensation Act up to 50,000 baht in medical payments for serious injuries. Thereafter, the Compensation Fund pays the medical expenses. You can read the compensation act here: Workmen's Compensation Act (2537)

Perhaps the problem is that the current medical expenses paid are under 50,000 baht, but the recommended procedures will push the payments over 50,000. This is covered in the Ministerial Regulations, but I'm not sure those are available in English translation. I would contact the Ministry of Labour and get an explanation on responsibility for the medical payments. I would think that the employer has to pay up to the 50,000 limit, and then the compensation fund takes over for anything beyond that.

Thanks but I do not see any reference to 50,000 in the link, unless that figure is in the Ministerial Regulations, although I must admit to having read through it quite fast. It does state the employer has to pay 60% of his salary while unable to work & I always thought SS paid this. More research methinks. Medical bills so far amount to around 100,000 but no salary compensation.

Edited January 20, 2011 by Valentine

[zaphodbeeblebrox]

The employer is responsible, as long as the medical expenses are related to the industrial accident and the charges are within the charges allowed under the Ministerial Regulations promulgated pursuant to the Workmen's Compensation Act up to 50,000 baht in medical payments for serious injuries. Thereafter, the Compensation Fund pays the medical expenses. You can read the compensation act here: Workmen's Compensation Act (2537)

Perhaps the problem is that the current medical expenses paid are under 50,000 baht, but the recommended procedures will push the payments over 50,000. This is covered in the Ministerial Regulations, but I'm not sure those are available in English translation. I would contact the Ministry of Labour and get an explanation on responsibility for the medical payments. I would think that the employer has to pay up to the 50,000 limit, and then the compensation fund takes over for anything beyond that.

Thanks but I do not see any reference to 50,000 in the link, unless that figure is in the Ministerial Regulations, although I must admit to having read through it quite fast. It does state the employer has to pay 60% of his salary while unable to work & I always thought SS paid this. More research methinks. Medical bills so far amount to around 100,000 but no salary compensation.

The 50,000 cap for serious injuries came from a work comp lawyer's website. I'm assuming that's contained in the Ministerial Regs, because it's the kind of number that changes based on medical cost inflation.

[Beetlejuice]

Does the employer have any public or employee liability insurance?

If not and it has not yet been proven that the company is at fault, negligent or shown to have failed to ensure proper safety standards for it`s staff, then I doubt whether your brother in law has any claims against the company. Actually getting the case into a court could take years under Thailand`s archaic legal system.

I believe social security coverage is extremely limited according to have much has been paid in and so on. Remember Thailand is not a welfare state.

In the USA, Europe and UK it is law that all companies are required to have public and employee liability insurance? But of course this is Thailand, say no more.

I`m sorry but it appears your brother in law is really up against it and the chances of receiving a decent compensation for his injuries, pain and suffering are not looking good.

[Valentine]

Does the employer have any public or employee liability insurance?

If not and it has not yet been proven that the company is at fault, negligent or shown to have failed to ensure proper safety standards for it`s staff, then I doubt whether your brother in law has any claims against the company. Actually getting the case into a court could take years under Thailand`s archaic legal system.

I believe social security coverage is extremely limited according to have much has been paid in and so on. Remember Thailand is not a welfare state.

In the USA, Europe and UK it is law that all companies are required to have public and employee liability insurance? But of course this is Thailand, say no more.

I`m sorry but it appears your brother in law is really up against it and the chances of receiving a decent compensation for his injuries, pain and suffering are not looking good.

The company only took out accident insurance after this happened. I am sure it would be pretty easy to prove unsafe working conditions for this particular job. If this went to court I assume this will be a civil case & as such I think they try to push these through quite quickly nowadays.

[citizen33]

This isn't the aspect of NHI that I know about, and I can't help on the specific question, but the Social Security Scheme (SSS) and the Workmen's Compensation Scheme (WCS) are technically separate insurance schemes both run out of the Social Security Office (but in the latter case via a separate sub-division). So previous mention of payment from social security may well refer to payment from the WCS.