Return to Work After Injuries: Legal Challenges for Seafarers in Canada

• Published in: New solutions Vol. 35; no. 1; pp. 60 - 72
• Main Authors: Shan, Desai, Medley, Alex, Neis, Barbara, Small, Contessa
• Format: Journal Article
• Language: English
• Published: Los Angeles, CA SAGE Publications 01.05.2025; SAGE PUBLICATIONS, INC
• Subjects: Canada; Coordination; Discrimination; Employment; Federal government; Federal regulation; Human rights; Human Rights - legislation & jurisprudence; Humans; Injuries; Injury prevention; Occupational Injuries - rehabilitation; Occupational safety; Return to Work - legislation & jurisprudence; Ships - legislation & jurisprudence; Work; Workers compensation; Workers' Compensation - legislation & jurisprudence; Canada; marine medical certificates; return to work; seafarers; legal challenges
• ISSN: 1048-2911; 1541-3772; 1541-3772
• DOI: 10.1177/10482911251317583

Return to work (RTW) after injury requires strong stakeholder coordination. Seafaring work is associated with high injury rates, but seafarers’ RTW is understudied. As federally regulated workers, Canadian seafarers are protected by the Canadian Human Rights Act, which prohibits discrimination based on disability. Following a work-related injury or illness, seafarers are eligible for provincial workers’ compensation benefits and RTW; however, RTW is also subject to federal regulations, including the requirement to have a valid marine medical certificate (MMC). This complex regulatory landscape may negatively influence seafarer RTW. Drawing upon a sociolegal study, we find that MMC-related human rights complaints against the federal government highlight the legal challenges seafarers face in the RTW process. Interview findings suggest that to ensure a valid MMC and employment eligibility, injured seafarers might avoid filing compensation claims or RTW before recovery. We recommend the federal-provincial agencies adopt more efficient coordination policies to support seafarers’ RTW.