Immigrant Workers’ Access to Compensation for Workplace Injuries or Illnesses
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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,

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Sylvie gravel ph d professor cole des sciences de la gestion

Immigrant Workers’ Access to Compensation for Workplace Injuries or Illnesses“Should I Stay or Should I Go?”Metropolis Presents: Policy-Research Seminar on Temporary MigrationMarch 12, 2008, Ottawa, Ontario

Sylvie Gravel, Ph.D., Professor

École des sciences de la gestion,

organisation ressources humaines, UQAM

[email protected]


Logical model of the administrative compensation process in quebec

4a

-

Rehabilitation

3a

-

Accepted

5a

-

Consolidation

Me

dical

Psychosocial

Vocational

1

-

Report

2

-

Claim

3b

-

Refused

4b.1

-

Refusal / description of facts

6a

-

Return to work:

4b.2

-

Refusal / diagnosis

Same work

4b.3

-

Refusal / work-injury link

Same employer

4b.4

-

Refusal / rehabilitation

Adapted position

4b.5

-

Refusal / functional limitation

Suitable position

4b.6

-

Refusal / consolidation

4b.7

-

Refusal / return to work

5b.1

-

Challenge: administrative

Accepted

Refused

review division

7.1

-

Did not return

7.2

-

Did not return

5b.2

-

Commission des lésions

professionnelles (CLP)

to work

to work

Refused

e

Accepted

Disability

EI

Income security

D

e

pendence on

Refused

5b.3

-

Superior Court

Accepted

family

Logical model of the administrative compensation process in Quebec


Sylvie gravel ph d professor cole des sciences de la gestion

Causal relationship

Influence

Barriers to compensation encountered by immigrant workers

OHS workplace conditions

Cause of

injury

Difficulties in medical

consultations

Difficulties

reintegrating

into the

workplace

Difficulties in legal

consultations

Human

problems

Difficulties in

Administrative procedures

Compensation

Worker’s personal

situation


Sample and analyses

Sample and analyses

104 workers

  • Analysis of matches

  • Taxonomy

51 NON-immigrants

Two interviews

53 immigrants

3. Case studies

10 most difficult cases

Third interview

4. Lexicological

analysis

Claim forms

67 workers and employers

23 workers

14 none


Sylvie gravel ph d professor cole des sciences de la gestion

51 NON-immigrants

2 claim interviews

53 immigrants

53% men, 47% womenAll having claimed compensation for MSIsRecruitment:3 partners (OHS medical clinic, legal research office, NGO for workers’ rights)

Sample

104 workers

Evaluation of difficulty scores

104 workers

10 cases

3rd interview

Worst cases


Results difficulties in medical consultations

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)


Results difficulties with administrative procedures

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)


Results difficulties with legal consultations

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)


Results difficulties upon returning to work

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)


Results group analysis

Results:Group analysis


Results case studies

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


Lexicological analysis of claims scan method

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)


Lexicological analysis complete incomplete report

Lexicological analysisComplete / incomplete report

“I fell off the ladder while holding the signwhile my co-worker was in the truck. I don’t 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


Sylvie gravel ph d professor cole des sciences de la gestion

Refusal rate for identical / non-identical reports


Conclusion

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


Sylvie gravel ph d professor cole des sciences de la gestion

Reflection: Compensation of immigrant workers

and ethics of the economic development

in employer countries of a transnational workforce

Rely

on

abilities

Receive

fair

treatment

Lose /

use

abilities

Be involved

in

economic

growth

Curtail

abilities

Sen’s theories

Maintain worker status

Sustain an injury

Immigrate

Receive compensation

Earn an income

Develop skills and abilities

Receive no compensation

or not enough compensation

Report the injury

Return to work

Compensation of

workplace injuries

Work income

Meet achievement needs

Claim compensation

Income security

Be dismissed

Receive compensation without encountering any pitfalls

Enter the labour market

No income

Stage 1 Stage 2 Stage 3 Stage 4 Stage 5


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