PROBLEMS OF REMEDIES AND COMPENSATION FOR AN OCCUPATIONAL ACCIDENT

Abstract

Research article on the problem of remedies and compensation for damages in case of employees experiencing harm from work has a purpose to study methods of remedies and compensation to employees suffering from work-related harm to be appropriate and fair. The current damages from occupational hazards under the Occupational Safety, Health and Work Environment Act B.E. 2554 are inconsistent with the seriousness of the violations, the severity of the injury and the consequences that employees or employee's heirs are entitled. Moreover, the benefits provided under the Workmen's Compensation Act B.E. 2537 are insufficient for employees to live.

The study reveals that the major problem is that the right to sue for damages and the determination of damages arising from infringement data in the labor court under the Labor Court Establishment and Labor Court Procedure Act, B.E. 2522 in terms of jurisdiction of the labor court is unclear, it results in few employees exercising their judicial rights, as well as the determination of damages in court cases which must cover all aspects. Besides, benefits for employees who suffer from work hazards under the Workmen's Compensation Act 1994 are lower than the minimum standards set by the International Labor Organization.

Therefore, there are some suggestions for solving the problems. By virtue of Section 9 of the Act on Establishment of Labor Court and Labor Court Procedure, B.E. 2522, the law imposes the guideline of construction that the cases concerning remedies and compensation for damages whether labor contracts enforce is under the jurisdiction of the Labor Court to adjudicate the cases. And Section 52 imposes damages for the lack of support and damages for loss of ability to operate as basic damages to employees who suffer occupational hazards if the facts are consistent with the elements of the law, and also impose psychological damages in accordance with the severity of the violation, injury and the impact that the employee or the employee's heirs will receive. This will deter employers from non-compliance with the law and create awareness for people in society to comply with the workplace health and safety law.