Return to Work After Injuries: Legal Challenges for Seafarers in 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: 2025-02-25 DOI:10.1177/10482911251317583

Desai Shan, Alex Medley, Barbara Neis, Contessa Small

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引用次数: 0

Abstract

Return to work (RTW) after injury requires strong stakeholder coordination. Seafaring work is associated with high injury rates, but seafarers' RTW is understudied. As federally regulated workers, Canadian seafarers are protected by the Canadian Human Rights Act, which prohibits discrimination based on disability. Following a work-related injury or illness, seafarers are eligible for provincial workers' compensation benefits and RTW; however, RTW is also subject to federal regulations, including the requirement to have a valid marine medical certificate (MMC). This complex regulatory landscape may negatively influence seafarer RTW. Drawing upon a sociolegal study, we find that MMC-related human rights complaints against the federal government highlight the legal challenges seafarers face in the RTW process. Interview findings suggest that to ensure a valid MMC and employment eligibility, injured seafarers might avoid filing compensation claims or RTW before recovery. We recommend the federal-provincial agencies adopt more efficient coordination policies to support seafarers' RTW.

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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.