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18 May 2024

Canada: Govt. agency WSIB found to be illegally reducing compensation for migrant workers injured at work, incl. co. comments

The WSIB’s failure to apply the law to migrant workers is rooted in the xenophobic and a racist belief that injured migrant workers are disposable and their injuries are not worthy of compensation.
Chris Ramsaroop, Justice for Migrant Workers

In September 2023, MENA FN reported Canadian government agency, WSIB (Workplace Safety and Insurance Board), had been illegally reducing the compensation of migrant workers, as ruled by the Workplace Safety and Insurance Appeals Tribunal.

The tribunal followed the advocacy of migrant worker groups who alleged migrant workers injured in Ontario workplaces were not accessing justice. WSIB allegedly reduced injured migrants’ Loss of Earnings benefits after 12 weeks, despite the fact those workers could not access available work. This pressed the migrant workers into poverty. Following the ruling, four injured Jamaican migrants had their ‘Loss of Earnings’ reinstated.

The ruling underlines the fact that migrant workers are entitled to the same interpretation of the Workplace Safety and Insurance Act as other domestic workers in Ontario.

Later in September 2023, Canadian Occupational Safety reported that WSIB is reviewing how it handles migrant worker claims to ensure its approach is ‘fair and consistent’.

In a statement, WSIB said it has a responsibility to help migrant workers if they are injured, and “if someone gets hurt on the job in Ontario, the WSIB is here to help no matter where they live”.

In May, CBC reported WSIB is reviewing claims dating back to 2007 and that it will change how it compensates migrant agriculture workers injured on the job who can't go back to their role.