Strengths and Weaknesses of Regulatory Systems Designed to Prevent Work Disability After Injury or Illness

Using comparative legal analysis applied to five case studies, this chapter examines how access to support for return to work in Canada is driven by the regulatory context, which varies depending on the cause of an injury or illness and the province in which it occurs. We found that support in workers’ compensation systems differs between provinces, both in terms of the health conditions covered and the types of support available. Within the same province, supports differ depending on the cause of the injury. There is no universal disability insurance program that provides wage replacement and support in return to work, which implies that many working people with disabilities fall through the legal cracks. These cracks are attributable to the fragmentation of the systems in place and the absence of political will to fund a universal program.