EMPLOYMENT INJURIES FOCUSING ON MENTALMENTAL INJURIES
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Abstract
Mental-mental injuries are purely mental injuries resulting from emotional stimulus. In Thailand, the scope of work-related mental injuries can be determined in the first instance by considering relevant provisions of labor law, such as Section 5 of the Worker’s Compensation Act, B.E. 2537 (1994). In it, words such as “injury” and related terms are defined broadly which may be sufficient to include work-related mental injuries, but its precise meanings and scope remain unclear.
There is no provision under Thai labor law for explaining which mental-mental injuries are legally recognized and therefore compensable. Thai worker compensation law lacks clear definition of “mental-mental injury”, nor are exceptions provided or scope defined. No specific legal framework or consistent court precedent exists in Thai labor law for mental-mental injuries as compensable employment injuries. In practice, it is entirely up to authorities to offer definitions, causing uncertainty.
In search of a suitable solution for Thai law, relevant US, UK, and German laws were comparatively reviewed. These legal
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* This article is summarized and arranged from the thesis “Employment Injuries focusing on Mental-Mental Injuries” Master of laws in Business law (English Program), Faculty of Law Thammasat University, 2015.
** Graduate student of Master of Laws Program in Business law (English Program), Faculty of Law Thammasat University.
from injury” or “work-related sickness”. It should be clear to cover a wide range of mental-mental injuries. There is no single perfect solution. Accordingly, this thesis would like to suggest that a suitable
solution should be a combination of a number of different legal tools. These include establishing the basic principles for authorities’ evaluation and defining specific exceptions and presumptions about mental-mental injury matters and etc.
systems recognize mental-mental injuries principle, clearly defined in court decisions, written law, and prototype rules. This thesis suggests that Thailand should certify and define the boundaries of “suffering
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References
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