Story by Nalutporn Krairiksh
Cover illustration by Kittiya On-in

Ot moves through his day in a wheelchair. The sidecar of his motorcycle is modified so he can drive up and park it himself. It’s a rhythm he’s perfected over time—swift, efficient, and independent. But none of this came easily. Once, he walked like anyone else.

Having served in the army in his early 20s, Ot was forced to flee after unrest erupted in his home in Shan State, Myanmar. Like many others, he left behind a life of chronic conflict and hardship, hoping for a better future in Thailand.

"After retiring from the Myanmar army, I fled to Thailand because I saw that Thailand was the safest,” Ot said. “At first, I worked in construction, hiring myself out for 100 baht a day and more. I got the highland minority card, and didn’t have social security.”

Just as his life began to settle, disaster struck.

“The disability happened at work when I fell from a six-story scaffold. My lower body went numb. I was still conscious, I was aware of everything, but I couldn’t lift my legs. When I woke up again, I ended up in hospital. At that time, it was quite hard to accept because I went from being a normal person to this," Ot recounted.

At first, he clung to the hope that he would walk again. However, his doctor confirmed the grim reality—his spinal injury made recovery impossible.

"The doctor told me there was no chance now. No one in this condition ever recovers. In Chiang Mai, there are three or four thousand people like this. When I knew that, I couldn’t accept it. I only thought that like this, it would be better to die. I had no rights. I once had a pressure ulcer and had to stay in the hospital for over two months. It cost altogether six hundred thousand baht. I had a foundation who helped me. I paid the remaining four thousand baht myself. "

Ot and his sidecar motorcycle.

Now, Ot uses a wheelchair and navigates with ease, thanks to a modified motorcycle that lets him drive his wheelchair up and attach it. However, medical challenges persist.

"Since I had my intestines raised to open in front of my abdomen, when I pass waste, it comes out this way. I don’t move my body much, and sometimes I forget. I don't feel tired or pain until the heat builds up, it smells, the flesh swells, cells die, and pressure sores form. But since I got into debt from medical bills, I haven’t gone back to the hospital.”

“Even though the sores healed, they keep coming back like this. Nowadays, I still dress the wound twice a day. The materials like gauze and saline, I have to buy to do it myself with a donation of 500 baht per month. To be honest, the money I get isn’t enough. If I had rights, then I could go to ask. I’ve asked to get a disability card, but they couldn’t give me one because there’s no policy to give them to foreigners or migrants. Without an ID card or household registration, you’re not eligible."

The lack of a disability card not only affects his medical rights, but also his ability to work.

"Apart from that, having no card leads to not getting employment because most companies who will hire disabled people will hire those who have a card in order to meet their employment quota. If I had a disability card or a household registration, either one of them would be enough to have a talk. But I have neither, so it is hard to have a talk. So half of my life is now spent here because I can’t go back home due to the unrest. I hope to get a highland minority card if I stay in the village long enough, don’t cause trouble, and help with the village’s work. Maybe people will sympathize.

"If they think that migrants come to steal jobs, I think it’s not true because migrant workers don't choose their work. Even if the pay is low, the money is little, they’ll do it. Most Myanmar people come to work here because of political problems in Myanmar. For me, Thailand is the best, even without the rights. But if this can be fixed, fellow migrant workers who have accidents, from car crashes or falling from buildings, should have rights. There should be companies that accept them to work so that they have more opportunities."

Section 20 of the 2007 Persons with Disabilities Empowerment Act guarantees access to public facilities, welfare, and state assistance—such as rehabilitation, medical expenses, and disability aids—without explicitly requiring Thai citizenship. This aligns with the non-discrimination principle in the Convention on the Rights of Persons with Disabilities (CRPD), to which Thailand acceded on 29 July 2008, with provisions effective from 28 August 2008.

However, Section 19 of the 2007 Act requires individuals to apply for a disability card through the central or provincial registrar, following regulations set by the National Committee for the Promotion and Development of Quality of Life for Persons with Disabilities. Clause 6 of these regulations states that 'Thai nationals with disabilities, whether in Bangkok or other provinces, must apply at designated offices such as the Provincial Social Development and Human Security Office or provincial disability service centres.' This effectively excludes migrant workers from eligibility.

According to the Northern Labour Network, the majority of migrant workers entering Thailand today come from the neighbouring countries of Myanmar, Laos, and Cambodia. Of these, 90% are from Myanmar, representing various ethnic groups, including Bamar, Kachin, Mon, Tavoyan, Shan, Karen, Pa-O, Lahu, Akha, and others.

If they had not entered Thailand through illegal channels, they would be authorized to work in Thailand and included in the Foreign Workers Administration Office's statistics under the Department of Employment. As of November 2024, the total number of registered foreign workers stands at 3,350,969, categorized as follows:

• Section 62 (Investment Promotion and other laws): 59,801 individuals
• Section 63/1 (Ethnic Minorities): 93,839 individuals
• Section 63/2 (Cambodian, Lao, and Myanmar workers authorized during the Covid-19 pandemic under the Cabinet Resolution of 7 February 2023): 1,578,828 individuals
• Section 63/2 (Cambodian, Lao, and Myanmar workers authorized during the Covid-19 pandemic under the Cabinet Resolution of 3 October 2023): 813,869 individuals
• Section 64 (Cross-border workers with temporary work permits): 39,711 individuals

A 2017 study conducted by the OECD and the International Labour Organization found that migrant workers made a significant contribution to Thailand’s economy, accounting for an estimated 4.3–6.6% of GDP. Apart from their work, they also contribute indirectly through activities like paying taxes, renting accommodation, and supporting small businesses such as grocery stores and mobile vendors.

Despite the existence of labour protection laws, these regulations are neither comprehensive nor applied in the same way as for Thai workers. This means that migrant workers, particularly those from neighbouring countries, do not have adequate protection if they are injured or become disabled.

Aunt Daeng

Aunt Daeng shares a similar fate to Ot. After falling from a scaffold at a construction site, she lost consciousness.

"After I fell, I was unconscious and was carried to the hospital. When I woke up, I felt pain and couldn't walk. My ankle and collarbone were broken. At that time, I used my social security rights and was off work to receive treatment for over two years. I went to a labour rehabilitation centre and helped with their work, earning a salary of over 7,000 baht a month. Once I was no longer ill, my work permit expired, and the employer didn’t extend my social security because they were angry about having to pay retroactive compensation. So I got a 30-baht card for the people in the highlands instead," she explained.

Aunt Daeng, who has lived in Thailand for 17 years, began with various jobs, including construction and gardening. After losing her head of household and struggling to make ends meet, she moved to Thailand for work, using a work permit and with social security coverage before the accident.

"When I left the rehabilitation centre, there was no help at all. There was no financial compensation, to the point that I had to sell my gold to continue my treatment. Once I recovered, I went to work at a sausage factory, doing everything—grilling, grinding. On the day of the incident, I was putting kaffir lime leaves into the grinder, but the leaves got stuck, they didn’t go down. So I pushed them down. As I pushed, my finger got stuck too, but I couldn’t turn off the machine because the switch was at the back. So, I pulled my hand out and turned off the switch. My friend found some herbal medicine to apply, but the bleeding wouldn’t stop. My finger was completely sliced open.

“At the time I wasn’t too shocked because I had seen it before. When I got to the hospital, they stitched it up, and it cost over 7,600 baht. After that, I had to have the wound cleaned every day. Eventually, they were treating the wound and said the tissue didn’t stick together. The tissue had died, so it had to be amputated. I thought just do it, but I wanted it to heal quickly so that I could make a living. To this day, I still clean the wound, but it still hurts. I can’t get it wet or lift anything, and I have to pay for everything myself. If you ask me, I wish I had social security, but right now I can’t afford it, so I had to withdraw," Aunt Daeng said.

"Right now, my partner basically has to work in construction alone. I feel bad that I can’t do anything. In my dreams I want to see migrant workers get good jobs, stable work, and income. When I worked at the sausage factory, there were only 10 days of work a month because sales weren’t good. I earned just over 5,000 baht a month. Especially during COVID-19, there was even less work despite the fact that I wanted to work every day. I don’t dare drive into the city to work. I can’t go back home either because I intended to work and find the money to send my child to school here forever. Because over there, even if I work a lot, it’s not enough to feed yourself. The more fighting is going on, the more people flee. I can only occasionally contact my sister who remains over there because there’s not much signal."

Aunt Daeng showing her hand after one of her fingers was amputated. 

Unlike Aunt Daeng's case, A had social security coverage, granting him access to medical benefits during his accident. The only out-of-pocket expenses were for non-covered medications and transportation.

"The employer helped pay at first when A was in the ICU and let us pay back by work. He was in the ICU for 28 nights and had to be intubated. I was afraid that he would die. If he’d gone, what would we do? I told him that he had to get better. Eventually, he woke up but had to have a blood drainage tube inserted in his abdomen. The doctor asked for his name. He could remember it, but his mouth froze. I had to tap on his lungs, massage his cheeks, massage his molars and teach him everything again, starting from teaching how to eat and speak. He improved bit by bit, and he’s been able to speak for around a month or more,” A’s wife shared.

A remains unable to walk or assist himself and has not had physical therapy. He also did not receive any compensation after becoming disabled. A's wife once inquired at the local municipality about obtaining a disability card for her husband. However, they were unable to obtain the card because A is a migrant worker without Thai citizenship. Meanwhile, they continue to contribute to social security, hoping to receive healthcare benefits.

A and his wife.

Most migrant workers with disabilities initially entered the workforce without any prior disability. When they are disabled by injuries, their needs go unnoticed. In Thailand, the issue of disabled migrant workers is not widely discussed, and there is no designated authority for their care, leaving them to face challenges in accessing basic rights.

What to do?

Pasuta Chuenkhachorn, Coordinator of the Migrant Justice Programme, shares her experiences advocating for the rights of disabled migrant workers.

In 2008, Nang Num Mai Saeng, a migrant worker, suffered a work-related accident while working on a construction project for a major hotel chain in Chiang Mai. After nearly eight years of legal battles, she won the case. The Administrative Court ruled that the Workers' Compensation Fund must pay compensation regardless of whether the worker has an identification card, as its primary purpose is to compensate for loss. However, other rights, such as registering as a person with a disability, remain unattainable because a national ID card is required.

In her view, citizenship should not be an obstacle to healthcare for migrant workers who come to work in Thailand.

"From a legal perspective, migrant workers have the same rights as Thai workers, but there are some exceptions. For example, if we look at international conventions, we will see that the only thing migrant workers cannot have in another country are civil rights, such as the right to vote. But in our country, there are certain exceptions that often concern state welfare. For instance, if a migrant worker has a disability, they cannot be registered as a person with a disability. Or funds such as the Compensation Fund or the Employee Welfare Fund, which are meant to support workers who experience harm from work, are also unavailable," Pasuta said.

Associate Professor Dr Pantip Kanchanachitra Saisoonthorn, from the Faculty of Law at Thammasat University, reflected in the same article that, in the long term, regulations should be revised to address discriminatory practices. While differences in care between disabled Thai citizens and migrants may be acceptable under humanitarian principles, foreign nationals contributing to Thai society should receive the same disability benefits as Thai citizens.

For instance, those living and working in Thailand for over 10 years should qualify for equal benefits, similar to the way stateless children have had access to the per capita education budget since 1997. She also suggested that the National Fund for the Promotion and Development of Life Quality of Disabled Persons should support efforts to provide essential services, such as health insurance and assistive devices, to improve the quality of life and uphold human dignity.

Pasuta believes lawsuits are one of the most effective strategies. By setting legal precedents, the judicial system can be leveraged to compel government agencies to enforce the law as intended.

In addition, promoting migrant workers' rights requires the understanding and cooperation of employers and those in positions of responsibility. To achieve this, launching a public campaign to raise awareness and providing training for employers can help improve the situation.

"We believe that the state is not seeing the reality that arises. The failure to register does not stem from the employees. Many times, employers choose not to register workers because they do not want to take responsibility,” said Pasuta.

“There was one case of young person who was born in Thailand. The parents were migrant workers. and didn’t understand what documents they had to get. But fortunately, the kid has a birth certificate. At the age of 17, they went to work at a factory for processed animal products. After working for about two months, it seems their arm got caught in a grinder to the point it was torn apart. We took the case to the compensation fund. They said the worker was a foreigner and the employer hadn’t register them. Even though they were born in Thailand, the officials were still confused. So, this case couldn’t proceed. This story points out that even if you are born as a Thai, but if you don’t have an ID card, state officials will see you differently."

"And even though there have been many court rulings and guidelines issued, the attitude of those operating the system hasn’t changed. If this case had received compensation, they might have been able to recover and become a valuable member of the workforce. But the state doesn’t care, and only asks where the ID card is, when in reality, nationality should not be a factor in denying basic rights that are crucial to their life," Pasuta said.

Highlighting how migrant workers help alleviate certain burdens, contribute to the economy, and circulate money within Thailand is crucial. They are not just a group that takes resources; their presence provides essential labour, especially as Thailand becomes an aging society and faces challenges in replenishing its workforce. Issuing more work visas could be a model for Thailand to explore. For instance, despite Japan's strong nationalism, it remains relatively open on this issue.

"We think that Thai people may not yet understand the concept of universal welfare well enough. We may have to create the understanding among the wider public that providing universal welfare does not make us lose any welfare. Perhaps it's because the government likes to say that we have no money. Even with the Digital Wallet handout, they still have to choose who they will give it to. Or with the poverty card, people need to register their poverty. Thailand is caught in a competition over who gets something and who doesn’t. Then how can we make people trust that migrants should also have rights?," said Pasuta.

"The migrant population itself has diverse needs. Some people want to come to have a family here, some think that I will come to work to send money back home and return home once they’ve saved enough, or some want to settle here. But the government officials blindly believe that if they are given welfare, they will have to come to build a home, turning Thailand into their country. In reality, the right to start a family or relocate can happen anytime and it is human nature as it should be."