New medical expenses rates for company employees

New medical expenses rates for company employees


The maximum amount of medical expenses that employers in Thailand need to cover for their employees for work related injury or sickness has increased.

The Ministry of Labour issued Ministerial Regulation No. 2 regarding Medical Expenses Rates to be Paid by Employers, B.E. 2560 (2017) (the “Regulation”) on 24 July 2017, but the Regulation is effective retroactively for employees to 1 January 2016.

The Regulation increases the maximum rate of medical expenses that employers must pay from THB 1,000,000 to THB 2,000,000 for each employee who suffers from injury or sickness as a result of work performed for the company.

Based on the Workmen’s Compensation Act, B.E. 2537 (1994), in case an employee suffers from injury or sickness as a result of work performed during their employment, or in the course of protecting the interests of the employer, or as a result of any order or instruction of the employer, or as a result of any disease that is incidental to the nature or condition of the employee’s work for the employer, the employer is obliged to pay medical expenses for such employee as follows:

(1) If the employee suffers from injury or sickness, then the employer must pay actual medical expenses for the employee in an amount not exceeding THB 50,000.

(2) If the medical expenses paid in (1) above are insufficient and the employee is suffering from any of the further conditions as prescribed in the Ministerial Regulation, then the employer must pay additional actual medical expenses for the employee in an amount not exceeding THB 100,000.

(3) If the medical expenses paid in (2) above are insufficient and the employee is suffering from any of the further severe conditions as prescribed in the Ministerial Regulation, then the employer must pay additional actual medical expenses for the employee in an amount not exceeding THB 300,000, including the medical expenses in (1) and (2).

(4) If the medical expenses paid in (3) above are insufficient, then—based on the decision of the Ministry of Labour’s Medical Committee—the employer must pay additional actual medical expenses for the employee in an amount not exceeding THB 500,000, including the medical expenses in (1), (2), and (3).

(5) If the medical expenses paid in (4) above are insufficient, then—based on the decision of the Ministry of Labour’s Medical Committee, and with the approval of the Workmen’s Compensation Fund Committee—the employer must pay additional actual medical expenses for the employee in an amount not exceeding THB 1,000,000, including the medical expenses in (1), (2), (3), and (4). If the employee is treated in a public hospital, then the maximum rate shall not exceed THB 2,000,000, including the medical expenses in (1), (2), (3), and (4). The previous prescribed maximum rate in any case was THB 1,000,000.

Any  employer that does not provide medical expenses to an employee in accordance with the Regulation is liable to imprisonment for a term not exceeding six (6) months or to a fine not exceeding THB 10,000 or to both.

However, if the employer makes annual contributions to the Workmen’s Compensation Fund, then the Social Security Office (and not the employer) shall pay the full amount of the medical expenses.


For more information, contact Mr. Andreas C. Richter at: richter@brslawyers.com.


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