Injured migrant farmworkers fight for fair compensation from WSIB

A group of injured migrant farmworkers is demanding action from the Workplace and Safety Insurance Board (WSIB) at a community delegation in Kitchener on Monday afternoon.

“Every year migrant workers are dying because the conditions are difficult, they are dangerous,” said Gabriel Allahdua, a former migrant worker at the protest. “After getting injured you still have to fight to get treatment.”

In an open letter, the group Justice for Migrant Workers, made up of injured migrant farmworkers and allies, said it is fighting for fair compensation and respect from the WSIB.

The injured migrant workers, formerly employed by Canada’s temporary worker program, believe there are systemic issues in the workers' compensation system in Ontario and across Canada.

“The WSIB in Ontario does not treat us like we are human. There are power differences between us as workers and our bosses. The system is set up for the bosses, not for us. Our voices are not taken seriously,” the letter said.

“Spanish-speaking migrant workers, for example, we don't see [help with] the language issue. They don’t get an interpreter to help them when they see the doctor. When they want to talk to the WSIB, they don’t get any interpreter,” said migrant worker case worker Belia Berrocal at the event.

The group listed their demands:

• WSIB must stop the practice of deeming migrant farmworkers and cutting wage loss benefits
• WSIB must support Spanish-speaking and non-English-speaking injured migrant workers
• WSIB must support workers who choose to stay in Canada for treatment
• No more deaths and injuries for migrant farmworkers
• Return the WSIB surplus to injured workers
• Permanent immigration status for all

 The WSIB responded to CTV News addressing the demands.

“Unfortunately, due to the contractual limitations of the Federal Seasonal Agricultural Worker Program and the limitations on work visas, the WSIB is unable to provide retraining opportunities for migrant workers while in Ontario,” said Christine Arnott the Public Affairs Manager with WSIB in one part of an emailed statement.

According to the Ontario Ministry of Labour, Immigration, Training and Skills Development, temporary foreign workers have the same rights as any worker in Ontario.

The Ministry told CTV News in an email it has hired more than 100 new workplace inspectors and doubled the capacity of support phone lines, including accessibility in multiple languages.

The federal office of the Minister of Employment, Workforce Development and Disability Inclusion said in an emailed statement:

“The allegations raised by the workers about mistreatment by employers is disturbing. Our Government takes its responsibility to protect the health and safety of temporary foreign workers, as well as the integrity of the Temporary Foreign Worker (TFW) Program, very seriously. There are measures in place to protect workers from exploitation, mistreatment and abuse. The Temporary Foreign Worker Program is complex and multi-jurisdictional. In this specific case, the aspect of the WSIB falls under the jurisdiction of the Ontario government. With that said, our government is working to ensure that migrant workers are protected in Canada. Recently, new Regulations Amending the Immigration and Refugee Protection Regulations came into force on September 26, 2022, which will enhance the protection of migrant workers in Canada, and address persistent gaps with respect to employer compliance.”