Presentation is loading. Please wait.

Presentation is loading. Please wait.

Immigrant Workers Access to Compensation for Workplace Injuries or Illnesses Should I Stay or Should I Go? Metropolis Presents: Policy-Research Seminar.

Similar presentations


Presentation on theme: "Immigrant Workers Access to Compensation for Workplace Injuries or Illnesses Should I Stay or Should I Go? Metropolis Presents: Policy-Research Seminar."— Presentation transcript:

1 Immigrant Workers Access to Compensation for Workplace Injuries or Illnesses Should I Stay or Should I Go? Metropolis Presents: Policy-Research Seminar on Temporary Migration March 12, 2008, Ottawa, Ontario Sylvie Gravel, Ph.D., Professor École des sciences de la gestion, organisation ressources humaines, UQAM gravel.s@uqam.ca

2 Refusede Accepted 5b.2-Commission des lésions professionnelles (CLP) 5b.3-Superior Court 4b.1-Refusal / description of facts 4b.2-Refusal / diagnosis 4b.3-Refusal / work-injury link 4b.4-Refusal / rehabilitation 4b.5-Refusal / functional limitation 4b.6-Refusal / consolidation 4b.7-Refusal / return to work 5b.1-Challenge: administrative review division Accepted Refused 6a-Return to work: Same work Same employer Adapted position Suitable position 7.1-Did not return to work Disability 7.2-Did not return to work EI Income security Dependence on family 4a-Rehabilitation Medical Psychosocial Vocational 5a-Consolidation 1-Report 3a-Accepted 2-Claim 3b-Refused Logical model of the administrative compensation process in Quebec

3 Workers personal situation Difficulties in medical consultations Difficulties in Administrative procedures Difficulties in legal consultations Compensation Difficulties reintegrating into the workplace OHS workplace conditions Human problems Causal relationship Influence Cause of injury Barriers to compensation encountered by immigrant workers

4 Sample and analyses 104 workers 51 NON-immigrants 53 immigrants 1.Analysis of matches 2.Taxonomy 4. Lexicological analysis Claim forms 67 workers and employers 23 workers 14 none 3. Case studies 10 most difficult cases Two interviews Third interview

5 53% men, 47% women All having claimed compensation for MSIs Recruitment: 3 partners (OHS medical clinic, legal research office, NGO for workers rights) 104 workers 51 NON-immigrants 53 immigrants 2 claim interviews 104 workers Evaluation of difficulty scores Sample 10 cases 3 rd interview Worst cases

6 Results: Difficulties in medical consultations Immigrant workers have more Inaccurate diagnoses (64% vs. 42%) (p=0.08) Difficulties being understood during the medical examination (23% vs. 20%) (p=0.017) Medical and psychological complications (NS)

7 Results: Difficulties with administrative procedures Immigrant workers Use a third person to draw up their claims (58% vs. 8%) (p= 0.04) File their claims late (32% vs. 24%) (p=0.05) (Allophones) do not understand the administrative procedures (65% vs. 62%) (NS) Do not understand the decisions (58% vs. 50%) or the correspondence from the compensation agency (49% vs. 42%) (NS)

8 Results: Difficulties with legal consultations Immigrant workers Have a higher rate of refusal (52% vs. 24%) (p=0.08) Are more often challenged by their employers (64% vs. 24%) (p= 0.09) Appeal the decision rendered less often (55% vs. 62%) (p= 0.7)

9 Results: Difficulties upon returning to work Immigrant workers Do not benefit from a gradual return or from a lighter workload (66% vs. 41%) (p=0.06) Are frequently dismissed after their injury or illness (74% vs. 62%) (p=0.05)

10 Results: Group analysis Taxonomy Immigrant (53) Non– immigrant (51) Workers who did not exercise their right of recourse (n=31) 74% (23) 26% (8) Workers who were overwhelmed by the situation (n=5) 40% (2) 60% (3) Workers who were compensated but then fired or laid off (n= 45) 42% (19) 58% (26) Workers who were compensated without encountering pitfalls (n=23) 39% (9) 61% (14)

11 Results: Case studies Of the immigrant workers who experienced particularly difficult compensation procedures: 10/10 were dismissed because of a decrease in productivity 9/10 have been unemployed since they were dismissed 6/10 were subject to an incomplete or contradictory medical examination

12 Lexicological analysis of claims (SCAN method) Analysis of the quality of incident descriptions in claims Number of words (no result) Number of errors (no result) Number of segments: incident, pain, situation, movement, load, and presence of witnesses (no result) Comparison of employee and employer versions: similar, same meaning, contradictory, identical (of concern)

13 Lexicological analysis Complete / incomplete report I fell off the ladder while holding the sign while my co-worker was in the truck. I dont know what happened, whether the ladder slipped or a pedestrian knocked it. When I fell on my right shoulder, I felt a sharp pain that spread to my back. Possible segments: incident, pain, situation, movement, load, and presence of witnesses

14 Refusal rate for identical / non-identical reports Employer / employee versions AcceptedRefusedTotal Identical 13 (50%) (33%) 13 (50%) (54%) 26 (100%) (41%) Non-identical 27 (71%) (67%) 11 (29%) (46%) 38 (100%) (59%) Total 40 (65%) 24 (34%) 64 (100%)

15 Conclusion Poorly consolidated or uncompensated workplace injuries or illnesses result in accelerated deterioration of immigrant workers physical and mental health, loss of skills, lower productivity, dismissal, and an unemployed worker losing his or her skills Social and health inequalities that lead to poverty

16 Develop skills and abilities Immigrate Enter the labour market Sustain an injury Report the injury Claim compensation Rely on abilities Curtail abilities Lose / use abilities Receive no compensation or not enough compensation Be involved in economic growth Meet achievement needs Earn an income Income security No income Receive compensation without encountering any pitfalls Return to work Receive fair treatment Be dismissed Receive compensation Work income Reflection: Compensation of immigrant workers and ethics of the economic development in employer countries of a transnational workforce Sens theories Compensation of workplace injuries Maintain worker status Stage 1 Stage 2 Stage 3 Stage 4 Stage 5


Download ppt "Immigrant Workers Access to Compensation for Workplace Injuries or Illnesses Should I Stay or Should I Go? Metropolis Presents: Policy-Research Seminar."

Similar presentations


Ads by Google