Return to Work After Injuries: Legal Challenges for Seafarers in Canada

加拿大海员受伤后重返工作岗位:法律挑战

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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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