From Worker Victory to Policy Reform: Injured Migrant Workers Fight for Return to Work Justice in Workers' Compensation in Ontario, Canada.

IF 1.8 Q3 PUBLIC, ENVIRONMENTAL & OCCUPATIONAL HEALTH

New Solutions-A Journal of Environmental and Occupational Health Policy Pub Date : 2025-05-01 Epub Date: 2025-01-23 DOI:10.1177/10482911241311200

Maryth Yachnin

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引用次数: 0

Abstract

This article explores the challenges facing injured migrant farm workers in the workers' compensation system in Canada's province of Ontario, with a focus on their fight for return to work justice. Told from the perspective of one of the lawyers who represented the workers, it highlights a recent victory achieved by 4 workers in the Seasonal Agricultural Worker Program in defending their rights to workers' compensation support. The workers' compensation tribunal decided that the workers' compensation board must evaluate these workers' ability to return to work, access retraining, and receive compensation based on their labor markets in Jamaica-instead of based on fictional job prospects in Ontario. The tribunal also called out the need to consider systemic anti-Black racism in workers' compensation law and policy. The article analyzes how this legal victory could reshape workers' compensation policy in Ontario for injured migrant farm workers. It also discusses the implications of the win for injured workers in other temporary work programs and precarious employment sectors.

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从工人的胜利到政策改革：加拿大安大略省工人赔偿中受伤的移民工人争取重返工作岗位的正义。

本文探讨了加拿大安大略省受伤的移民农场工人在工人赔偿制度中面临的挑战，重点是他们争取重返工作岗位的正义。从一名代表工人的律师的角度来看，它强调了最近4名季节性农业工人项目的工人在捍卫他们获得工人赔偿支持的权利方面取得的胜利。工人赔偿法庭决定，工人赔偿委员会必须评估这些工人重返工作岗位、接受再培训的能力，并根据他们在牙买加的劳动力市场——而不是基于虚构的安大略省的就业前景——获得赔偿。法庭还呼吁有必要在工人赔偿法律和政策中考虑系统性的反黑人种族主义。本文分析了这一法律胜利将如何重塑安大略省受伤农民工的工伤补偿政策。它还讨论了胜利对其他临时工作计划和不稳定就业部门的受伤工人的影响。

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来源期刊

New Solutions-A Journal of Environmental and Occupational Health Policy PUBLIC, ENVIRONMENTAL & OCCUPATIONAL HEALTH-

CiteScore

3.50

自引率

4.30%

发文量

期刊介绍： New Solutions delivers authoritative responses to perplexing problems, with a worker’s voice, an activist’s commitment, a scientist’s approach, and a policy-maker’s experience. New Solutions explores the growing, changing common ground at the intersection of health, work, and the environment. The Journal makes plain how the issues in each area are interrelated and sets forth progressive, thoughtfully crafted public policy choices. It seeks a conversation on the issues between the grassroots labor and environmental activists and the professionals and researchers involved in charting society’s way forward with the understanding that lack of scientific knowledge is no excuse for doing nothing and that inaction is itself a choice.