Remedy of Compensation for Benzene’s Usage in the Industrial Factory: A Comparative Study of the USA’s Laws

Abstract

At present, many countries have used benzene as a carcinogen for industrial operations. If there is a leak and spread of benzene, it may affect the health of the employees, public and the environment, the industrial operators must compensate the damage to the employees, public and state. Therefore, the leading industrial countries such as the United States have enacted laws to compensate the damages to the employees, public and state from the use of benzene in industries. Although the compensation of benzene’s usage in Thailand is comparable to the USA’s law, but it can also improve according to the USA’s law, the compensations for the employees, public and state to be better than the current level. The law of Thailand, employees are entitled to compensation only disease which caused from benzene usages in work. The author suggests the law of Thailand should be determined the employees shall be entitled to compensation when the risk is more than fifty-five percent to get disease, that is more beneficial to employees. Thailand do not have an exemption to pay compensation if the employees are willfully misconducting the safety regulations. The author also suggests the law of Thailand should be added to the exemption of compensation for the employees intentionally misconducting the safety regulations that will prevent the employees from a disease proximately caused by the employment. And the law of Thailand, there are no provisions for punitive damages, so the author suggests the law of Thailand should have punitive damages which prevent repeat offences.