Le droit comme outil de maintien en emploi : rôle protecteur, rôle destructeur ?

Abstract

This article examines Québec legal and management practices regarding workers disabled due to a work-related injury. The article begins by reviewing key issues raised in the rehabilitation literature with regard to factors that favour a successful return to work after injury, including studies on early return to work. It then examines Québec workers’ rehabilitation legislation and its application by employers and the workers’ compensation board (CSST) in light of the key findings from the literature regarding facilitators and obstacles to a successful return to work. It concludes that while the legislation itself creates few obstacles for a successful return to work, current practices in the management and handling of cases involving the implementation of this law may diminish the chances of successful return to work for injured workers.

Keywords

• work disability
• rehabilitation
• workers’ compensation
• management practices
• litigation