A Socio-Legal Ethnography of the Experiences of Injured Workers with Deeming and Re-Employment
Principal Investigator: Garry Gray
Research Assistant: none yet assigned
Community Involvement: One of the co-investigators, Marion Endicott, is a community legal worker who works at Injured Workers' Consultants. Additionally, the project will have an advisory committee consisting of representatives from the injured worker community that will meet several times over the course of the study. We will seek feedback from the advisory committee on the findings, analysis and the final report.
Project Abstract: Although much research has been conducted on early and safe return to work, very little is known about situations when the return is not early and or to the pre-injury employer. When workers are deemed to be able to earn a wage, they are considered employable and often return to work by seeking re-employment in the general labour market. Deeming was legislatively introduced on the assumption that it provides a work incentive for the re-employment of injured worker. Therefore, a worker is deemed to be employable regardless of whether they have been re-employed. The objective of this study is to gain an understanding of how deeming is carried out and of the particular challenges and opportunities in the deeming process. Drawing on a socio-legal approach, which examines legislation and policy at the level of everyday practice and experience, we will study direct injured worker and service provider experiences of deeming. We will locate these experiences of legislation and policy across different regions of Ontario. In so doing, we will identify areas of possibility and concern for the successful re-integration of deemed workers back into the workforce with fair compensation.
Project References: Project proposal submitted for funding to the WSIB-RAC, February 2008.
Annable, G. (2000) "I want to go back to work: barriers to the re-employment of injured workers with significant disabilities in Manitoba", Workers with Disabilities Project.
Ash, P., & Goldstein, S. I. (1995). Predictors of returning to work The Bulletin of the American Academy of Psychiatry and the Law, 23(2), 205-210.
Burkhauser, R.V., and Daly C. (1996) "Employment and economic well-being following the onset of a disability: The role for public policy," in Disability, Work and Cash Benefits. Kalamazoo, Michigan: W.E. Upjohn Institute for Employment Research. 59-101.
Bakan Abigail, Kobayashi Audrey. 2000. "Employment equity policy in Canada: an inter-provincial comparison." Ottawa: Status of Women Canada.
Baril, R., & Berthelette, D. (2000). Etudes et recherches. Components and organizational determinants of workplace interventions designed to facilitate early return to work. Montreal: IRSST.
Baril, R., Clarke, J., Friesen, M., Stock, S., Cole, D., & Work-Ready, g. (2003). Management of return-to-work programs for workers with musculoskeletal disorders: a qualitative study in three Canadian provinces. Social science & medicine, 57(11), 2101-2114.
Baril, R., Martin, J. C., Lapointe, C., & Massicotte, P. (1994). Etude exploratoire des processus de reinsertion sociale et professionnelle des travailleurs en readaptation (No. RR-082). Montreal.
Britten, N., Jones, R., Murphy, E., Stacy, R. (1995) Qualitative Research Methods in General Practice and Primary Care, Family Practice 12: 104-114.
Beardwood, B. A., Kirsh, B., & Clark, N. J. (2005). Victims twice over: perceptions and experiences of injured workers. Qualitative health research, 15(1), 30-48.
Blanck Peter D, Sandler Leonard A, Schmeling James L, Schartz Helen A. 2000. "The emerging workforce of entrepreneurs with disabilities: Preliminary study of entrepreneurship in Iowa." Iowa Law Review, 85: 1583-1668.
Cook, Judith A., Burke, Jane. 2002. "Public policy and employment of people with disabilities: Exploring new paradigms." Behavioral Sciences and the Law, 20: 541-557.
Crawford, Cameron. 1998. "Disability-status transitions and labour force activity transitions of people with disability: an analysis based on the Survey of Labour and Income Dynamics (1993 and 1994)." Unpublished work.
Clarke, J., Cole, D., & Ferrier, S. (2002). Return to work after a soft tissue injury: A qualitative report: Institute for Work & Health, Toronto.
Corbin, J., Strauss, A. (1990). Grounded Theory Method: Procedures, Canons, and Evaluative Criteria. Qualitative Sociology 13:3-21.
Dozois, D., Dobson, K., Wong, M., Hughes, D., & Long, A. (1995). Factors associated with rehabilitation outcome in patients with low back pain (LBP): prediction of employment outcome at 9-month follow-up. Rehabilitation psychology, 40(4), 243-259.
Eakin, J. M., MacEachen, E., & Clarke, J. (2004). 'Playing it smart' with return to work: small workplace experience under Ontario's policy of self-reliance and early return. Policy and Practice in Health and Safety, 1(2), 19-41.
Garcy, P., Mayer, T., & Gatchel, R. (1996). Recurrent or new injury outcomes after return to work in chronic disabling spinal disorder: Tertiary prevention efficacy of functional restoration treatment. Spine 21, 952-959.
Gatchel, R. J., Polatin, P. B., & Mayer, T. G. (1995). The dominant role of psychosocial risk factors in the development of chronic low back pain disability. Spine, 20(24), 2702-2709.
Gunderson, M. (2002) Ten Key Ingredients of Labour Policy for the New World of Work, Canadian Public Policy 28(1): 117-131.
Green, J. and Thorogood, N. (2004) Qualitative Methods for Health Research. Sage Publications.
Glaser, B.G. (1992) Emerging vs. Forcing: Basics of Grounded Theory. Mill Valley, CA: Sociology Press.
Hucker, J. (1997) "Anti-discrimination laws in Canada: Human rights commissions and the search for equality." Human Rights Quarterly, 19(3): 547-571.
Hunt, A.H., Barth, P.S., Leahy, M.J. (1991) Workers' Compensation in British Columbia: An Administrative Inventory at a Time of Transition. W.E. Upjohn Institute for Employee Research.
Hum, D., Simpson, W. (1996) "Canadians with disabilities and the labour market." Canadian Public Policy, XXII(3): 285-299.
Krahn, H.J., Lowe, G.S. (2002) Work, Industry & Canadian Society, 4th Edition. Thomson Nelson.
Kirsh, B., & McKee, P. (2003). The needs and experiences of injured workers: A participatory research study. Work, 21(3), 221-231.
Kenny, D. (1995). Barriers to occupational rehabilitation: An exploratory study of long-term injured workers. Journal of Occupational Health & Safety - Australia & New Zealand, 11(3), 249-256.
Legard, R, Keegan, J and Ward, K (2003) In-depth Interviews, in Ritchie, J and Lewis, J (eds) Qualitative Research Practice, Sage.
Lippel, K. (2003). Compensation for musculoskeletal disorders in Quebec: systemic discrimination against women workers' International Journal of Health Services, 33(2), 253-281.
Lippel, K., Lefebvre, M. C., Schmidt, C., & Caron, J. (2005). Traiter la réclamation ou traiter la personne? Les effets du processus sur la santé des personnes victimes de lésions professionnelles, Service aux collectivités de l'UQAM. Retrieved January 31 2007, from HTTP://WWW.ER.UQAM.CA/NOBEL/JURIS/DOSSIERS/TRAITER_RECLAMATION.HTM.
Lewchuk, W., de Wolf, A., King, A., and Planyi, M. (2006) The hidden costs of precarious employment: health and the employment relationship, In Vosko (Ed), Precarious Employment: Understanding Labour Market Insecurity in Canada. McGill-Queen's University Press.
Lötters, F., Franche, R. L., Hogg-Johnson, S., Burdorf, A., & Pole, J. D. (2006). The prognostic value of depressive symptoms, fear-avoidance, and self-efficacy for duration of lost-time benefits in workers with musculoskeletal disorders. Occupational & Environmental Medicine, 63(12), 794-801.
MacEachen, E., A. Kosny, Ferrier, S. (2007). "Unexpected barriers in return to work: lessons learned from Ontario injured worker peer support groups." Work 29(2): 155-164.
MacEachen, E., Ferrier, S., Kosny, A., Cole, D. C., & Chambers, L. (2006). An Ethnographic Study of Injured Workers' Compensation Claims: Interim Report to Advisory.
Marshall, C. and Rossman, G.B. (2006) Designing Qualitative Research, 4th Edition. Thousand Oaks, Calif: Sage Publications.
McKay, S. (1991) Willing and able, Report on Business Magazine, October 58-63.
Nagi, S.Z. (1991) "Disability Concepts Revisited: Implications for Prevention." Disability in America: Towards a National Agenda for Prevention. Pope AM, Tarlov AR eds. Washington, D.C.: National Academy Press. 309-327.
Purse, K. (2000) The Dismissal of Injured Workers and Workers' Compensation Arrangements in Australia, Occupational Health Policy 30(4): 849-871.
Roberts-Yates, C. (2003). The concerns and issues of injured workers in relation to claims/injury management and rehabilitation: The need for new operational frameworks. Disability & Rehabilitation, 25(16), 898-907.
Rioux, M.H. (1985) Labelled disabled and wanting to work, In Research Studies of the Commission on Equality in Employment (Abella Commission). Ottawa: Supply and Service Canada.
Royal Commission on Workers' Compensation in British Columbia (1999). For the Common Good.
Smits, S. J. (2004). Disability and Employment in the USA: The Quest for Best Practices. Disability & Society, 19(6), 647-662.
Sullivan, M. J., Ward, L. C., Tripp, D., French, D. J., Adams, H., & Stanish, W. D. (2005). Secondary prevention of work disability: community-based psychosocial intervention for musculoskeletal disorders. Journal of Occupational Rehabilitation, 15(3), 377-392.
Shrey, D. E. (1996). Disability management in industry: the new paradigm in injured worker rehabilitation. Disabil.Rehabil, 18(8), 408-414.
Sager, L., & James, C. (2005). Injured workers' perspectives of their rehabilitation process under the New South Wales Workers Compensation System. Australian Occupational Therapy Journal, 52(2), 127-135.
Shain, A. (1995) Employment of people with disabilities, Canadian Social Trends (Autumn) 8-13.
Tompa, E., Scott, H., Trevithick, S., and Bhattacharyya, S. (2006) In Vosko (Ed), Precarious Employment: Understanding Labour Market Insecurity in Canada. McGill-Queen's University Press.
Vosko, L. (2006). (Ed) Precarious Employment: Understanding Labour Market Insecurity in Canada. McGill-Queen's University Press.
Weiler, P.C. (1980) Reshaping Workers' Compensation for Ontario, A Report to the Ontario Ministry of Labour.
WSIB (2007). Technical External Questions and Answers on Bill 187 amendments to the Workplace Safety and Insurance Act, http://www.wsib.on.ca/wsib/wsibsite.nsf/Public/PolicyBill187Consultation.
Financial security & employment experience
Phase 1 Projects
A Socio-Legal Ethnography of the Experiences of Injured Workers with Deeming and Re-Employment