What Rights Should Employees Know About Death or Illness from Work?

When work is part of life… but what if you die from working?

Everyone has to work to build a stable foundation in life, but as work progresses, many people's health may decline. This raises the question: if we fall ill or die due to work, what rights, benefits, and fund monies that we contributed to should we follow up on?

What rights do you have if you die from work-related causes?

Injury or death from work is an unforeseen event that can happen. Those left behind face grief and must plan many matters. For employees insured by Social Security who die from work-related causes, the initial benefits include:

• Compensation Fund

This fund is managed by the Social Security Office, Ministry of Labour, which protects workers from the first day of employment (though not everyone is enrolled immediately; this should be checked). Key benefits include:

1. Funeral allowance of 50,000 baht

2. Compensation of 70% of monthly wages, capped at 14,000 baht per month (for wages up to 20,000 baht), paid for 10 years to eligible persons by law.

However, not everyone receives this lump sum. The Social Security Office specifies eight categories of legal beneficiaries, who share the compensation equally:

1. Mother

2. Legal father

3. Legal husband or wife

4. Children under 18 years old

5. Children aged 18 or older who are still studying below a bachelor's degree

6. Children aged 18 or older who are disabled or mentally ill

7. Children born within 310 days after the employee's death

8. If none of the above exist, the compensation goes to dependents before the employee's death.

Importantly, employers must file claims within 15 days from learning of the employee's accident or illness, and legal beneficiaries must file within 180 days from the date of death.

Additionally, Old-age pension lump sum Heirs may receive additional payments, but amounts depend on Social Security Office conditions, which give three example cases:

Case 1: The insured received an old-age pension but died within 60 months (from the pension start month)

Heirs receive a lump sum equal to the last monthly pension amount multiplied by the remaining months to complete 60 months.

Case 2: The insured returned to being insured and later died (received pension for no more than 60 months)

Heirs receive a lump sum equal to the last pension amount before returning to insured status times the remaining months to reach 60 months.

Case 3 is divided into two situations:

- Receiving old-age pension before the ministerial regulation enforcement but not yet completing 60 months

Heirs receive a lump sum equal to the months remaining to complete 60 months.

- Receiving old-age pension with less than 10 months remaining

Heirs receive a lump sum equal to the last monthly pension amount times 10.

• The employing company

In cases of death at work due to work, the benefits or compensation employees usually receive from the company include:

1. Medical expenses

If the employee received medical treatment before death from work-related causes, the employer is legally responsible for paying the actual costs incurred.

2. Funeral expenses

By law, the employer must pay funeral expenses to the person managing the employee's funeral at 100 times the highest minimum wage rate. For example, in some companies, employees who die from work causes receive about 100,000 baht in assistance plus a wreath, etc.

Moreover, not only death but also injury, illness, disability, or loss of body parts from work can qualify for compensation from the Compensation Fund, covering medical costs (actual expenses) up to 65,000 baht. For severe or chronic injuries treated in public hospitals, additional payments can be requested until treatment ends; for private hospitals, up to 1,000,000 baht may be requested.

By law, when employees fall ill, employers must ensure immediate medical treatment in both public and private facilities, divided into two cases. These are:

1. Employers advance medical expenses first.

2. When treatment is at facilities agreed upon by the Compensation Fund, employers submit Form กท.44, and neither employer nor employee must advance medical expenses; the fund reimburses costs within set limits.

Finally, although dedication to work is commendable, our health is crucial and should not be overlooked. Since we cannot predict what tomorrow holds for our life and work, knowing our rights in advance is better to plan for those left behind, so they do not bear excessive expenses after we are gone.

Source: Department of Labour, Social Security Office [1] [2],Anti-Fake News Center, Thailand

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