Workmen's Compensation in Thailand: What Counts as a Work Injury, How Much Is Paid, and What Employers Must Contribute

In short

When an employee is injured because of work, contracts an occupational illness, or disappears, the employer side must cover medical expenses, rehabilitation costs, and funeral expenses, and pay monthly compensation at 70% of the monthly wage, for periods ranging from a maximum of 1 year to no less than 15 years depending on the circumstancesSection 13Section 18; in practice, for employers who duly pay contributions into the Workmen's Compensation Fund (at a rate capped at 5% of annual wages paid), the Social Security Office pays the employee on their behalfSection 44Section 25. Claims must be filed within 180 days from the date of the incidentSection 49.

What Counts as a "Work Injury"? The Three Statutory Categories

Thailand's Workmen's Compensation Act B.E. 2537 draws the boundaries of compensation with three definitionsSection 5:

Injury: bodily harm, mental impairment, or death suffered by an employee "due to work, due to protection or preservation of the employer's interests, or pursuant to the employer's order". What matters is not where it happened, but the causal link to the work or the employer's order.
Illness: sickness or death caused by the nature or character of the work, or by the work itself. Which diseases qualify as occupational diseases is set out in a separate list announced by the Ministry of LabourSection 14.
Disappearance: the employee disappears during work or while carrying out the employer's order (including accidents while travelling by land, air, or water transport on business for the employer), there is reasonable cause to believe the employee has died, and the disappearance has lasted 120 daysSection 5.

What Is Paid: Three Types of Expenses + Monthly Compensation

Medical expensesActual and necessary amounts

When an employee is injured or falls ill, the employer must immediately arrange appropriate medical care and bear the medical expenses to the amount actually paid as necessary; once notified by the employee, payment must not be delayed. The specific rates and caps are prescribed by Ministerial Regulation, and the amounts are subject to the official rules (our firm can help confirm)Section 13.

Rehabilitation costsRestoring work ability

Where an employee needs physical, mental, or occupational rehabilitation to restore work ability after an injury or illness, the employer bears the rehabilitation costs to the extent actually and necessarily paid, at rates likewise prescribed by Ministerial RegulationSection 15.

Funeral expensesOn death or disappearance

If an employee dies or disappears due to a work injury or occupational illness, the employer must pay funeral expenses to the person arranging the funeral at the rate prescribed by Ministerial RegulationSection 16.

Monthly Compensation: Always 70% of the Monthly Wage, in Four Duration Tiers

When a work injury, occupational illness, or disappearance occurs, the employer must pay monthly compensation to the employee or the persons legally entitled, uniformly at 70% of the monthly wage, with the duration tiered by the severity of the outcomeSection 18:

Temporary inability to work: paid from the first day the employee is unable to work until recovery, for no longer than 1 year.
Loss of organs or bodily functions: paid for a period prescribed by the Ministry of Labour, for no longer than 10 years.
Disability (work ability reduced to the point that the employee cannot engage in regular employment): paid according to the type of disability, for no less than 15 years.
Death or disappearance: paid for 10 years.

Monthly compensation is subject to minimum and maximum limits; the exact figures are announced by the Ministry of Labour and are subject to the official rules (our firm can help confirm)Section 18. If the employee dies while still receiving compensation for loss of organs or bodily functions or for disability, compensation for the remaining period continues to be paid to the persons legally entitled, but the total payment period must not exceed 10 yearsSection 19. By agreement between the employer and the employee (or the entitled persons), the compensation may also be paid in a single lump sum or over other payment periods, provided the employer's discount does not exceed the rate prescribed by Ministerial RegulationSection 24.

Who Is Entitled When an Employee Dies or Disappears?

The persons legally entitled are: parents; the spouse; children under 18 (entitled until completion of undergraduate education); children aged 18 or over still studying at no higher than undergraduate level (entitled until completion of undergraduate education); and children aged 18 or over who are unable to engage in regular employment due to disability or mental unsoundness and were dependent on the employeeSection 20. A child born within 310 days of the employee's death or disappearance is entitled from the date of birth. If none of the above entitled persons exist, the compensation is paid to a person who was dependent on the employee and suffers hardship from the loss of that supportSection 20. Where there are several entitled persons, the compensation is divided equally among themSection 21.

What Employers Must Do: Contribute, Notify, Pay as Ordered

Pay contributions into the Workmen's Compensation Fund: the contribution obligation rests entirely on the employer; employees contribute nothing. The rate is announced by the Ministry of Labour, capped at 5% of the wages the employer pays each year; it is set with reference to the accident statistics of each type of business, the burden on the Fund, and the Fund's assets, and may be increased or reduced according to each employer's own loss ratio (experience rating) — the actual rate is subject to official announcements (our firm can help confirm)Section 44. For employers applying to pay in installments, the deposit must not exceed 25% of the contribution due for the yearSection 44.
Once you contribute, the Fund pays for you: for employers under a contribution obligation, the Social Security Office pays compensation to the employee or entitled persons on the employer's behalf; an employer who has advanced compensation may, once an official determines that the recipient is entitled, request reimbursement from the OfficeSection 25. The Workmen's Compensation Fund is maintained within the Social Security Office specifically to pay compensation in place of employersSection 26.
Work-injury notification and payment on order: once an official receives a work-injury notification made under Section 48, receives an employee's claim, or otherwise learns of a work injury, the official must investigate and issue a compensation order, and the employer must pay within 7 days from the day it becomes aware of the orderSection 48Section 50; who must notify, on which form, and by what deadline are subject to the official rules (our firm can help confirm).
No deductions: employers are prohibited from deducting from the compensation for any purpose, and the compensation is not subject to executionSection 23.

⚠️ Arrears carry a heavy price

Late or incomplete contributions incur a surcharge of 2% per month of the amount due, from the day after the due date (the total surcharge is capped at the contribution due)Section 46; if the employer still fails to pay after a written warning of no less than 30 days, the Secretary-General may order the seizure, attachment, and public auction of the employer's property to cover the debtSection 47.

The Only Two Cases Where the Employer Need Not Pay

There are only two statutory exemptions: the employee was intoxicated or under the influence of other intoxicating substances to the point of being unable to control consciousness; or the employee intentionally injured themselves or consented to another person injuring themSection 22. Section 22 lists only these two grounds; an employee's ordinary negligence is not among them.

Workmen's Compensation Fund ≠ Regular Social Security

Both are administered by the Social Security Office (SSO), but they are two separate schemes: the Workmen's Compensation Fund covers only injury, illness, death, and disappearance "arising from work", with the contribution obligation resting entirely on the employerSection 44; regular social security (the Social Security Fund under the Social Security Act) covers non-work-related sickness, maternity, old age, unemployment, and the like, with social security contributions withheld from the employee's wages at a 5% rate. In other words, for the same employee, the employer must both withhold and remit regular social security every month and separately bear the Workmen's Compensation Fund contribution — the two filings must not be mixed up.

Claims and Disputes: Three Key Deadlines

The employee or entitled person must file a compensation claim with the Office, on the prescribed form, within 180 days from the date of the injury, illness, or disappearanceSection 49.
For an occupational illness that emerges only after employment has ended, a claim may be filed within 2 years from the day the employee learns of the illness, at the office of the locality where the employee worked or where the employer residesSection 51.
Anyone dissatisfied with an official's order or contribution assessment (employer and employee alike) must appeal in writing to the Committee within 30 days of receiving notice; if still dissatisfied with the Committee's determination, they must bring the case to the Labour Court within a further 30 days, failing which the determination becomes final. A party liable to pay compensation who brings the case to court must first deposit with the court the full compensation amount determined by the Committee before the case can proceedSection 52Section 53.

How SLF Can Help

Workmen's Compensation Fund registration, rate assessment, monthly filings, and regular social security (SSO) filings are tightly interlinked — miss one link and the 2%-per-month surcharge is only the beginning. SLF Accounting's payroll and social security services cover: employee social security and Workmen's Compensation Fund registration, monthly contribution filings and rate verification, preparing the notification and claim documents after a work injury, and liaising with the labour authorities. The actual rates and the standards for medical and funeral expenses are subject to the latest official rules, and our firm can help confirm each item. Contact us for a quote.

FAQ

How is workmen's compensation calculated in Thailand, and for how long is it paid?

It is paid monthly at a uniform 70% of the monthly wage: up to 1 year for temporary inability to work; for loss of organs or bodily functions, a period set by the Ministry of Labour of up to 10 years; no less than 15 years for disability; and 10 years for death or disappearance. Minimum and maximum monthly limits also apply, as announced by the Ministry of Labour (Section 18).

Do employees have to contribute to the Workmen's Compensation Fund themselves?

No. The contribution obligation rests entirely on the employer, at a rate capped at 5% of the employer's annual wages paid, set by industry risk and adjustable according to the employer's own loss ratio (Section 44). Once the employer duly contributes, the Social Security Office pays compensation to the employee on the employer's behalf (Section 25).

Is there a time limit for workmen's compensation claims?

Yes. The employee or entitled person must file a claim with the Social Security Office within 180 days from the date of the injury, illness, or disappearance (Section 49); an occupational illness that emerges only after employment ends may be claimed within 2 years from the day the illness becomes known (Section 51). If dissatisfied with the outcome, appeal to the Committee within 30 days, and if still dissatisfied, bring the case to the Labour Court within a further 30 days (Sections 52, 53).

In which cases can the employer refuse to pay compensation?

Only two: the employee was intoxicated or under the influence of intoxicating substances to the point of being unable to control consciousness, or the employee intentionally injured themselves or consented to another person injuring them (Section 22). Beyond that, the employer may not make any deduction from the compensation, and the compensation is not subject to execution (Section 23).