Workers describe the effect of the workers' compensation process on their health: a Québec study

This article reports on a Canadian qualitative study designed to examine the workers' experience of the workers' compensation process and to look at the effects of the process on the physical and mental health of claimants. Eighty five in depth individual interviews of injured workers in Québec and six group interviews with workers and worker advocates from Québec, Ontario and British Columbia were analysed to determine the positive and negative impact on claimant health of various steps of the workers' compensation process and of behaviours of significant actors in that process. While superior access to health care and access to economic support both contributed to claimant well-being, various facets of the process undermined the mental health of workers, and in some cases, also had a negative impact on physical health. Primary characteristics of the process that influenced outcomes included stigmatization of injured workers and the significant power imbalance between the claimants and the other actors in the system; the effect of both these mechanisms was tempered by social support. The article describes how caseworkers, physicians, appeal tribunals, employers and compensation boards contribute to the positive or negative impacts on worker health and concludes with recommendations designed to promote the therapeutic aspects of workers' compensation and to curtail those facets that are harmful to worker health. It also has implications for researchers who wish to consider the role of lawyers or compensation in the development or prevention of disability.     

Hate Crime and the Privatization of Political Responsibility: Protecting Queer Citizens in the United States?

My purpose in this article is to address issues that arise with the emergence of “hate crime” law as a response to violence against historically subordinated groups, with particular reference to gay, lesbian, bisexual, transgendered (henceforth “GLBT”), and otherwise queer citizens. The specific jurisdictional context of my reflection is the USA but the issues I raise have significance beyond that context. Increasingly in recent years hate crime legislation has been adopted or proposed in the US as well as other jurisdictions as a response to bigotry and violence directed against minority groups in multi-cultural societies. In 2006 in the UK, proposals to outlaw “incitement to religious hatred” were hotly debated. In 2008 demands are being made to extend the ‘incitement laws’ to include incitement to homophobic hatred. In 2007 in the US the Senate and House of Representatives in Washington DC passed an Act, which some described as the Matthew Shepard Act, to promote and enhance the use of the criminal law against perpetrators of crimes motivated by hatred based on perceived sexual orientation and gender identity. Ultimately the Act failed to become law. The debates in the UK and US provide the backdrop against which I want to examine the arguments for and against hate crime legislation, both generally and with specific application to queer citizens. This require us to think again about the relation of queer citizens to the state, the reach of political equality and human rights, and the aims and limits of the criminal law and system of “criminal justice”.