Injured migrant worker wins years-long worker’s compensation appeal in Nova Scotia!

In 2021, we were contacted by a Mexican migrant worker wanting to see a specialist for a workplace injury. That same day, he was told by his employer to pack his bags because he would be returned to Mexico within a matter of hours. Finally, it looks like that injured worker will receive benefits he is owed.

The worker had been employed on a Nova Scotia farm in the Annapolis Valley between 2017 and 2021 through the Seasonal Agricultural Workers Program (SAWP). While working there in 2021, he was diagnosed with osteoarthritis in his knee. We supported the worker to report his injury to the Workers Compensation Board of Nova Scotia (WCB). Although his WCB claim was rejected twice, he persisted. His case was finally heard at the Nova Scotia Worker’s Compensation Appeals Tribunal (WCAT) in June 2024. On December 11th, 2024, the Appeal Commissioner decided in favour of the worker.

“I am grateful for all the support I received. Unfortunately, in your work as an organization you see many of the conditions that we go through in Canada and because of our situations, we remain silent – not wanting to cause problems. We are just looking for a bit of equality at work. Having worked with the company for 5 years, I wanted to think that they saw me as important. But, when this happened to me, I was disposable. Send him back and then send us another worker - this situation is seen very often in the SAWP. If someone is no longer useful to you, throw them away and ask for another one. So, this story is an achievement then,” said the worker.

Sadly, this isn’t an isolated case. Instead of getting the care and benefits they need, injured migrant workers are regularly fired and sent back to their home countries. We are supporting them to fight back and win. Since 2021, the Centre for Migrant Worker Rights Nova Scotia (CMWR NS) has provided support to the worker at every step of the process in this years-long fight for justice. We are thankful to the Office of the Worker Councellor and the Workers’ Advisors Program for their amazing work and support.

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