Deeming Laws and Practices as Violations of the Rights of People With Work-Acquired Disabilities in Canada

Abstract

The Ontario Network of Injured Workers’ Groups in Canada is leading a multiyear campaign called Workers’ Comp is a Right to reform the provincial workers’ injury compensation system and to fight back against regressive changes made to the system over several decades. At their Annual General Meeting in Toronto held in June 2019, delegates voted unanimously to make this submission to the United Nations Committee on the Rights of Persons with Disabilities as a part of the regular supervisory process under the United Nations Convention on the Rights of Persons with Disabilities. The subject is income deeming “phantom jobs” to injured worker claimants with income replacement benefits. The document illustrates how Canadian injured worker groups have activated a human rights lens and references international labor and human rights standards concerning social insurance and income replacement benefits for work-related injury and illness.