MTCC News 3/21

| MEMBER’S CORNER
By Tilleke & Gibbins
With COVID-19 cases continuing to pose a
significant threat throughout Thailand, many
employers have ordered their employees to work
exclusively from home in order to minimize their
chances of contracting the virus. However, this
luxury is not afforded to all employees—some
are unable to work from home due to the nature
of their work, and consequently they are placed
in the precarious position of being exposed to
possible infection.
Thailand’s Social Security Office (SSO) understood
these risks early in the pandemic and, in
March 2020, issued guidelines through the
Workmen’s Compensation Fund Office on
employees’ entitlement to claim benefits from the
workers’ compensation fund (WCF) if they contract the virus as a result of their work. The WCF provides
medical-related assistance and compensation to employees who directly suffer from a work-related injury
or sickness (subject to certain conditions). Falling ill with COVID-19 during the performance of work duties
may constitute suffering work-related sickness, thereby allowing employees to claim compensation from
the WCF by submitting the Kor Thor 16 form, a medical certificate, treatment records, records of the
employee’s working hours, and other relevant documentation.
Upon receiving a claim, the SSO will investigate by collecting facts and evidence from the employer, the
infected employee and his or her colleagues, and any witnesses. The official will examine the employee’s
duties and working conditions in detail, taking into consideration any relevant information, such as evidence
regarding the employee’s travel or movements prior to falling sick. Once all the facts and evidence are gathered,
the matter will be submitted to a medical subcommittee responsible for determining whether the
employee’s onset of COVID-19 is due to his or her work. If the subcommittee finds that the employee’s contraction
of the virus did indeed result from the performance of his or her work duties, the employee will be
entitled to compensation in accordance with the Workmen’s Compensation Act (No. 2) B.E. 2561 (2018).
An employee who needs treatment before this determination (i.e., while the workers’ compensation claim is
pending) can first seek medical care under the Social Security Fund from the hospital at which he or she is
registered. If the subcommittee subsequently rules that the COVID-19 case was in fact work-related, the
employee will be able to claim compensation from the WCF.
It can be challenging to collect the evidence necessary to determine the source of an employee’s infection—especially
when the employee has also frequented non-work locations or lives with other family members
who may have been exposed to the virus. Nevertheless, the ability to receive compensation from the
WCF for work-related cases of COVID-19 helps to ensure that employees—especially those working on the
front lines—have adequate protection against the financial impact of falling sick with COVID-19.
Pimvimol (June) Vipamaneerut
Partner
june.v@tilleke.com
Ketnut Pukahuta
Associate
ketnut.p@tilleke.com
Dusita Khanijou
Consultant
dusita.k@tilleke.com
l 18 MTCC NEWS l December 2021