IBC泰國法律金融會計事務所International Business Consultancy

Employee rights in relation to Work Injury 員工職災後的權利

Part II

 Workmen’s Compensation Fund員工賠償基金

When an employee experiences danger or illness from work, how can "workmen’s compensation fund" help employees (But the employer must also registers for social security)? The purpose of the Fund is to replace employer’s liability and to give prompt and equitable protection against injury, disease, disability or death resulting from employment.

當員工在工作中受傷或是生病，”員工賠償基金”會怎麼協助員工（前提是雇主有註冊社會保險）? 基金的目的是取代雇主的責任，替因工作受傷、生病、殘疾、或死亡的員工提供立即及公正的保護。

The rights that the insured will receive are medical services, including artificial and therapeutic devices according to the Social Security Office announcement, in case of danger or illness from work.

被保險人會收到醫療服務，包含社會保險辦公室宣布因公受傷的人工及復健設備。

The law requires "Compensation fund" managed by Social Security Office to pay compensation to employee on behalf of employer. When an employer has one (1) or more employees, such employer is required to pay compensation fund, and the fund will pay compensation when an employee experiences danger at work.

法律規定由社會保險辦公室管理的”員工賠償基金”代表雇主賠償員工。當雇主有一位或多位員工，需繳納賠償基金，當員工因公受傷時會支付賠償金。

"Compensation" means money that is paid as compensation medical expenses and the cost of rehabilitation in the workplace and the funeral. There are several types of compensation benefits:

“賠償”是指作為醫療費用、復健費、及喪葬費的賠償金。以下為幾種賠償福利：

Medical compensation benefit醫療補償福利:

The medical compensation benefit is providing fee for the treatment of employment injuries or diseases. The minimal expenditure is 45,000 baht per case. In case where the medical service expense is not sufficient, it can be added up as necessary to not exceeding 300,000 baht which the medical committee will consider and the board to approve.

當員工在危險中需進行醫療照顧，可收到醫療補助，一般至少補助為45,000泰銖。當費用不足時，最多可賠償不超過300,000泰銖，但須醫療委員會審核並同意。

In case the employee is an inpatient, there are expenses related to room fees, food costs, nursing fees. The general service fees is paid by the employer but not more than 1,300 baht per day

當員工住院，相關的住院費、伙食費、看護費也有補助。這些基本費由雇主支付，一天不超過1,300泰銖。

Note 備註:

1. Based on the compensation fund agreement, an employee in a hospital does not have to pay for treatment.

根據補償金協議，住院的員工不必支付治療費用。

2. If admitted to another hospital, an employee can pay treatment fees first and claim to compensation fund within 90 days.

如在其他醫院，員工可先支付醫療費並在90天向員工賠償基金申請賠償。

3. The employer has the duty to submit the employee injury notification form (KorThor.16) with the employee repatriation form (KorThor.44) within 15 days from the date being informed by the employee.

雇主有義務在員工通知之日起15天內提交員工傷害通知表（KorThor.16）和員工遣返表（KorThor.44）。

Rehabilitation expense 復健費:

The rehabilitation services provided as required for the rehabilitation of disabilities which result from employment injuries or diseases. The kind of services are provided by the Industrial Rehabilitation Centers (IRC). The IRC offered full process of rehabilitation including career counseling and employment promotion.

員工因公傷需進行復健時可得到復健賠償。這種類型的服務由工業復健中心（IRC）提供。 IRC提供了完整的復健服務，包括職業諮詢和就業促進。

The law gives employee the right to receive rehabilitation fees for work as follows:

法律提供以下復健費用：

• Medical rehabilitation costs: Based on actual expense and does not exceed 20,000 baht.

醫療復健:依實際費用但不超過20,000泰銖。

• Surgical expenses: For the benefit of rehabilitation in the workplace not more than 20,000 baht.

手術費:為工作所需，不超過20,000泰銖。

Funeral expense 喪葬賠償:

In the event of death or disappearance, funeral expenses will be paid at a minimum amount equal to 100 times the minimum daily wage rate. The minimum daily employment required by Labor Protection Act.

當員工死亡或消失，安葬費最少為員工最低薪資的100倍。最低薪資由泰國勞工法規定。

When an employee suffers from work, such employee or right holder must file a claim for compensation to Social Security Office within 180 days from the date of danger or death. If this period is over, there is no room to receive compensation.

當員工因工作蒙受損失，該員工或其他權利人應該案件發生的180天內向社會保險辦公室申請賠償，超過時間社會保險辦公室不會受理。

Please do not hesitate to contact us if you have any question related to workers' compensation in Thailand

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