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Return to Work After Injuries: Legal Challenges for Seafarers in Canada
Desai Shan1, Alex Medley2, Barbara Neis3
1Faculty of Medicine, Population Health and Applied Health Sciences, Memorial University, St. John's, NL, Canada.
Summary
Canadian seafarers face challenges returning to work after injury due to complex regulations. Improving federal-provincial coordination is recommended to support their return to work process.
Area of Science:
- Occupational Health
- Maritime Law
- Sociolegal Studies
Background:
- Seafaring work has high injury rates, yet seafarers' return to work (RTW) is understudied.
- Canadian seafarers are federally regulated workers with rights under the Canadian Human Rights Act, prohibiting disability discrimination.
- RTW for injured seafarers involves provincial workers' compensation and federal regulations, including a valid marine medical certificate (MMC).
Purpose of the Study:
- To investigate the challenges seafarers face in the RTW process.
- To analyze the impact of the complex regulatory landscape on seafarers' RTW.
- To identify potential improvements in federal-provincial agency coordination for seafarer RTW.
Main Methods:
- Sociolegal study approach.
- Analysis of human rights complaints related to marine medical certificates (MMC).
- Interviews with injured seafarers regarding their RTW experiences.
Main Results:
- MMC-related human rights complaints reveal legal obstacles for seafarers' RTW.
- Injured seafarers may forgo compensation claims or delay RTW to maintain MMC and employment eligibility.
- The current regulatory framework presents significant challenges to seafarers' successful RTW.
Conclusions:
- The complex interplay between federal and provincial regulations, particularly MMC requirements, hinders seafarers' RTW.
- There is a need for enhanced coordination between federal and provincial agencies to streamline the RTW process for seafarers.
- Policy adjustments are recommended to better support injured seafarers in their return to work journey.
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