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9 - Sanism and Ableism in the Law’s Response to Injured Workers

Published online by Cambridge University Press:  06 August 2020

Paul David Harpur
Paul David Harpur
Affiliation:
University of Queensland
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Summary

The regulation of injured workers across the globe is plagued by ableism and sanism. When workers are injured at work, there is a pervasive approach of discriminating against workers who have been mentally injured at work. This discrimination manifests, inter alia, in the legal tests used to determine whether a worker injured at work should obtain protection and the extent of that protection. The roles of ableism and sanism in workers’ compensation and employer negligence laws is expressly provided for in statute, and supported by countless judgments in all jurisdictions analysed in this monograph.

Keywords

Negligenceworkers' compensationsanismableismmental injurypsychological injury
Type
Chapter
Information
Ableism at Work
Disablement and Hierarchies of Impairment
 , pp. 180 - 206
Publisher: Cambridge University Press
Print publication year: 2019

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