The provincial government in Ontario has initiated a review of the procedure for managing workplace safety claims submitted by seasonal farm workers.
This move comes in the wake of an extended appeal by four Jamaican migrants who sustained permanent injuries while working.
Timeline of the review
Reports are that on September 22, the Workplace Safety and Insurance Board (WSIB) commenced a six-month review.
It will assess how Seasonal Agricultural Worker Program employee claims are distributed, and for how long injured migrant workers can receive payments.
The workers’ struggles
Reports are that between 2006 and 2017, four Jamaican workers were permanently injured in separate incidents while working on Ontario farms.
However, after these incidents, the Board’s decision was to grant them loss of earnings benefits for a mere 12 weeks or less once they returned to Jamaica.
This decision prompted the workers to appeal, contending that the aftermath of their injuries lingered much beyond the stipulated 12 weeks.
The workers won their appeal.
Addressing systemic issues
In a September 15 decision by the Workplace Safety and Insurance Board Appeals Tribunal, chair Rosemarie McCutcheon acknowledged the undisputed existence of systemic anti-Black racism and precarious employment entrenched in the Seasonal Agricultural Worker Program.
This program facilitates farmers, predominantly from Jamaica and Mexico, to be employed in Canada for a period of eight months.
A potential turning point
Chris Ramsaroop, an advocate from Justice for Migrant Workers, believes this decision could potentially create a new standard, paving the way for better conditions and improved rights for migrant workers in the future.
