Concepts of Compensation: Exploring Notions and Formulas of Loss and Recompense

Principal Investigator: Marion Endicott

Community Involvement: Issues of interest identified from community documents and discussions; questions will be reviewed with community members; results will be shared with community and an interactive process will engage the community to provide a contribution to the analysis of those results; the lead on this project (Marion Endicott ) is a long-time community member (advocate).

Project Abstract: The fundamental concept of compensation for injury is to place the worker where he/she would have been but for the injury. Such compensation includes concepts of compensation for loss of earnings potential and loss of enjoyment of life. It also includes concepts of compensation for additional costs associated with the injury. This project will examine the system in Ontario and three other jurisdictions with a view to understanding their philosophical underpinnings and the compensation system which results. It will seek insights into the questions: "What is full compensation?" "What is fair compensation?" This project will serve as an informative piece for the RAACWI, for the injured worker movement, and for legislators and policy makers. A second paper will be produced to incorporate what has been learned and discussed regarding "full/fair compensation" in the context of the RAACWI projects and meetings. One of the most difficult tasks in a compensation system is to establish a legislative framework and related policy and practice which will successfully compensate those with permanent injuries. Ontario has experimented with several methods through the decades and after considerable study, the injured worker movement of the 1980's produced its own recommendation commonly known as "The Third Option." This study will explore the essential features of compensating injured workers in the selected jurisdictions and will focus in greatest depth on legislation, policy, and results pertaining to those with permanent injuries.

Financial security & employment experience

Phase 1 Projects

Concepts of compensation adequacy

Inventory/catalogue of data sources

Study of barriers to claims filing

Labour-market earnings and financial security

Literature review of research on labour-market experiences and financial security

Complex Claims Study

Role of Health Care Providers in Complex Claims

Labour-Market Re-Entry Study

A Socio-Legal Ethnography of the Experiences of Injured Workers with Deeming and Re-Employment

Development of a Green Light and Red Flag Toolkit for Persistent Claims