Claim Suppression of Occupational Injuries and Illnesses Among Precariously Employed Immigrant Workers in Ontario

Abstract

Employers sometimes hinder the appropriate reporting of claims to workers' compensation, a phenomenon termed claim suppression. While the magnitude of claim suppression is difficult to quantify, various reports have identified it as a significant concern. In response, several Canadian jurisdictions, such as Ontario in 2015, introduced legislation addressing claim suppression. This article first discusses the legislative and policy context that influences claim suppression in Ontario, including concerns concerning the scope, interpretation, and enforcement of the law. It then presents qualitative findings from a community-based study with members of the Toronto Bangladeshi immigrant community that documented varied forms of employer claim suppression in precarious work, as well as facilitators of claim suppression within the workers' compensation and health care systems. Our findings and those of other research suggest that the scope of claim suppression is broader than that contemplated by the legislation. Our article proposes recommendations for the conceptualization of claim suppression and for legislation, policies, practices, and interventions that are grounded in workers' lived experiences.

Keywords: claim suppression; experience rating; occupational injuries and illnesses; workers' compensation policies.