This article explores the challenges facing injured migrant farm workers in the workers' compensation system in Canada's province of Ontario, with a focus on their fight for return to work justice. Told from the perspective of one of the lawyers who represented the workers, it highlights a recent victory achieved by 4 workers in the Seasonal Agricultural Worker Program in defending their rights to workers' compensation support. The workers' compensation tribunal decided that the workers' compensation board must evaluate these workers' ability to return to work, access retraining, and receive compensation based on their labor markets in Jamaica-instead of based on fictional job prospects in Ontario. The tribunal also called out the need to consider systemic anti-Black racism in workers' compensation law and policy. The article analyzes how this legal victory could reshape workers' compensation policy in Ontario for injured migrant farm workers. It also discusses the implications of the win for injured workers in other temporary work programs and precarious employment sectors.
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