Citation

Lippel K. Pol. Pract. Health Saf. 2003; 1(2): 97-118.

Copyright

(Copyright © 2003, Institution of Occupational Safety and Health (Great Britain))

DOI

unavailable

PMID

unavailable

Abstract

This paper examines the use of private surveillance services in the context of workers' compensation in Canada. Injured workers are now subject to clandestine surveillance by private investigators employed by employers and, in some provinces, by the workers' compensation board itself. Surveillance is used not only to detect cases of fraud, where workers are receiving compensation benefits for temporary disability while performing undeclared work, but also to prove that workers are performing tasks of daily living that are incompatible with their functional impairment.

The paper illustrates different situations in which such techniques are used and addresses some of the social and legal implications of these practices. The paper relies on interview data as well as traditional legal analysis.

The legal issues to be addressed include those relating to privacy rights guaranteed both by human rights legislation and the Quebec Civil Code, Charter issues, including issues as to the admissibility of evidence, and finally issues regarding liability for damages resulting from the surveillance.

In conclusion, the paper suggests that the use of surveillance techniques in the context of social security legislation not only represents, in many cases, a violation of fundamental rights, but also contributes to the stigmatisation of all injured workers and constitutes an impediment to successful and rapid rehabilitation from injury. The influence of economists and their concept of 'moral hazard', which promotes system design that discourages reliance on benefits, is seen as a possible explanation for the apparent tolerance of practices that would be judged illegal in other contexts.