Canadian Chat → Who is responsible in this case

The tax payers. She should be sent home and become burden on her own gov instead of ours

Who crippled her, ah an Albertan. Nothing like exploiting people and then shipping them off when they get hurt on your soil.

Was it an Albertan? Doesn't matter she is no longer working and should be sent back to her country where she is a citizen.

she was rendered a quadriplegic by a driver of a motor vehicle, should his insurance not pay for that, i mean if he ad one....why sue McDonalds is where it is not clear to me?

this is messy...likely another reason why we shouldn't have TFWs...perhaps have the insurance company pay for it (the driver who hit her)...but then, kind of hard to give her a cheque and ship her home (not really fair or right either)...the article said that she declined benefits at her job, so perhaps she bears some responsibility??...tough to say, but i can't see how we need to bring in people from the Philippines to work at a McDonalds.

Going back over 10 years now back in school some of the commentary I read is that one of the appeals of foriegn workers is that they can be cheaper than canadian workers to employ both for the employer and province. Alot of health care issues that arrise on the job would just result in being the person returned to their country. At the time there was a push to get TFW including in all the WSIB, provincial healthcare coverage etc. Not only would the keep the playing field more level in terms of Canadians and TFW looking at the same jobs, it would give the same level or protection to TFW that we enjoy while we benefit from their labour.

I'm not really sure how things have changed since 2004.

Same sort of problem, injured/dead workers: »www.cbc.ca/news/migrant- ··· .2607164

Yes

That's what will happen to you or I if we are in an accident in Ontario where one suffers a catastrophic injury.

Why should she be treated any different.

At least we'd have access to some level of ongoing first world medical care.

I was born and raised here,paid my taxes for health care etc.

I think there's some conflict there. The article says McDonald's claims she opted out. I know when I've been hired that someone (usually) sits down and goes over things very carefully. However, over the decades I've had people try and skip over stuff and just say 'sign here'. When younger you're less likely to pay attention. With TFWs it really shouldn't be optional.

I know when I went back to college there was some type of mandatory insurance that the college dinged you for. The only way you could opt out was by proving that you had coverage elsewhere (and someone had issues because their term was up during the year and they had to extend it before they would let them out of the payment).

Yes and no. As someone who has had a family member involved in an MVH accident in the past there is way less support than you would think in our 'no fault' province. Yes, people get the initial care, and limited payouts. It's the ongoing costs that kill people. To some extent they can be recouped, but in the end not all of them, and permanent injuries don't seem to be dealt with well.

(I will say that this was after retirement age for the person, and it seems like when these things happen when there's no obvious loss on income that it becomes way more complicated.)

If it was so serious that there was permanent disability, I'd be getting a personal injury lawyer involved. Insurance companies aren't in the business of writing cheques.

Personal injury lawyers generally work on contingency. They may be loathe to put the work in for someone who isn't a citizen or even landed immigrant.

So long as they believe there's going to be a payout worth the time and energy invested, they'll take it.

I can't believe there are people who are saying kick her out.... for the reason that she will be some sort of burden to the system....

We have plenty of Canadian people in wheelchairs who are contributing positively to Canadian society. I know one who was a former work colleague, and there are many more out there.

I am of the opinion that she thought highly of Canada, and she liked it here, and she was working towards a better future.... I don't think her attitude towards contributing to making a better future for herself will change.

Often it is citizens born here who show their true sense of entitlement.... there are plenty of Canadians who were born here that I wouldn't mind seeing stripped of their citizenship and shipped somewhere else for lack of productivity and taking more than they have produced.

In North America, immigrants searching for a better life in past generations are the people who built what we have today.

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As a side topic, this may push Ottawa to mandate the TFW program have proper health and drug insurance plans from their employer.

This opt out issue she had.... I am curious about.... I assume she opted out so she could get paid more? I think what they may be implying is she opted out of disability coverage at work, rather than healthcare..... although those two coverages could have been linked.....

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I don't think this means we should be cancelling the TFW program, but I think this should push for some more oversight from Ottawa to ensure that companies are providing adequate benefits and care to these workers, rather than just using them like slave labour.

TFW program isn't necessarily a bad thing.... at least these people are working, in many cases providing services to all Canadians.

As a side note, many of the temporary foreign workers take on jobs that many Canadians consider themselves "above" doing.

she has an attorney who will be asking Canadian Immigration to grant her stay on compassionate grounds?
there is not enough information in this story, (for me anyways)...accident happened in 2011, how was she able to maintain her lifestyle since then if she is unable to work?....what if the driver was not at fault?..

Bear in mind this comment is based solely on the CBC's accounting of the incident as I have not seen another article that expands on the details.

Without knowing the details of B.C. auto insurance program, I can only guess that there would have been some sort of compensation / treatment paid for which *may* have been time limited regardless of whatever injuries arose as a result of the accident.

If this is so and BC's scheme does not allow a tort suit against the driver that injured her and their insurance company, I can see where the issue arises that she is now out of money (and because of her inability to work, out of time, as far as the work permit goes)

However, given the facts as presented by the CBC in their story, I can't believe the Canadian government would deny a compassionate grounds application by this woman. Based on the story as presented, it's not her fault she was injured and even if she was somehow found to have contributed to her condition.

IE: drove on the wrong side of the road, in dark clothing, in a rainstorm, while drunk

I still can't see why she gets sent back to a place with likely inadequate medical care because someone else hit her with a car...

NefCanuck

Because she's not a Canadian citizen or permanent resident, and we aren't (and can't be) responsible for the standard of health care in the Phillipines or anywhere else but Canada in the world.

I looked for an account of the bicycle accident but couldn't find it. However, I think it likely that if the driver were blatantly at fault, the settlement would have been larger. Sometimes accidents happen.

At the end of the day, it's simply not prudent, or possible to "manage by anecdote".

What is done in this person's case, exceptions made and such set precedents.

It was never the intent of the TFW to have us be on the hook for lifetime medical care of a person who were to get injured while temporarily in Canada. It never was. Is that wrong? I don't think so.

If I had my way, the entire concept of bringing in TFWs on the program to sling burgers is utterly absurd, and should never have been done. But that cat is out of the bag. It would be nice if the franchise owner did something nice, like set up a trust for her in the Phillipines, or something.

Or if it can be shown that the franchise was dishonest in the handling of healthcare options, then throw the book at them. And they can be made to pay for her care.....in the Phillipines.

although there is limited information on this particular case, i still don't see how McDonald would be responsible for her condition....McDonald does not hire these workers, only thing McDonald is responsible for is to make sure that these foreign workers get 40 hrs. for the duration of their contract, regardless if the hrs. of a Canadian have to be cut down.

Foreign worker paid consultant $25K to get visa, but arrived to find no job

Go Public has plenty of these stories....
the contracts are with the middle men...a visa does not cost $25K...
these middle men or agents as they call themselves exploited these workers in every single way, therefore, why not pay for this woman's disability.

the bicycle accident was settled out of court, and that is what she has been living on.

»www.edmontonjournal.com/ ··· ory.html