Beyond Decriminalization: Sex-work, Human Rights and a New ...

PIVOT LEGAL SOCIETYOnce a worker’s claim is accepted and they are receiving benefits, the benefits can be suspended if:the worker does not attend or co-operate in a medical examination or program arranged by the Board;fails to participate in any activity that might delay their recovery; refuse treatment recommended bythe Board; or they are found to have made a fraudulent claim.Sex workers and workers’ compensationMany sex workers supported becoming part of a workers’ compensation scheme:A. Yeah, you should have to pay in a certain amount every month towards a Workers’compensation package, and then if you’re injured on the job you should be able tocollect just like everyone else.- female off-street out-call sex workerOne sex worker suggested that access to workers’ compensation would assist in dispelling the notion thatsex workers deserve the harm they experience on the job:A. To me, that’s the flawed thinking that goes around prostitution – because you aredoing it, or because you choose to do it, or whatever. That you deserve the repercussionsof that.- female off-street out-call sex workerThe WCA would apply in situations where sex workers meet the definition of “workers” under theWCA. 31 This is a broad definition that includes both employees and independent contractors whereadmitted by the Board under s. 2(2) of the WCA.Sex workers in massage parlours, steam baths and in the escort service industry are currentlycovered under the WCA. However, many such establishments are currently working under the notionthat their workers are independent contractors when, in fact, they would not be viewed as such underthe law. Thus, it is unclear at present how many employers are currently paying premiums to ensurecoverage for their workers, and how many are neglecting to pay for coverage, thereby violating theWCA. Service Sector employees in these industries are classified under the category “accommodation,food, and leisure services.” 32 In 2005, employers in this industry group, which also includes tanningsalons and hair styling workers, had to pay 79 cents per $100 of the assessable payroll, to a maximumannual wage per worker of $61,300. By way of comparison, in the Service Sector “business services”group, the employers of clerical workers paid 58 cents per $100 of the assessable payroll, 33 while inthe “construction industry” group employers of building demolition workers paid $5.91 per $100 in2005. 34 Thus, the premiums that sex industry employers currently pay are higher than those for someother businesses.Persons working independently and without an employer, such as most street-level sex workersand many escorts, have to be admitted for coverage by the Board under s. 2(2) of the WCA 35 in order31 Worker means (a) a person who has entered into or works under a contract of service or apprenticeship, written or oral, express orimplied, whether by way of manual labour or otherwise; (b) a person who is a learner, although not under a contract of service or apprenticeship,who becomes subject to the hazards of an industry within the scope of Part 1 for the purpose of undergoing training orprobationary work specified or stipulated by the employer as a preliminary to employment; or (f) an independent operator admittedby the Board under s. 2(2). WCA, supra note 6, s. 1.32 WorkSafeBC, Classification Unit No. 761021 (Classification Unit Description), online: WorkSafe BC .33 WorkSafeBC, Classification Unit No.762010 (Classifications Unit Description), online: WorkSafeBC .34 WorkSafeBC, Classification Unit No.721005 (Classifications Unit Description), online: WorkSafeBC .35 WCA, supra note 6, s. 2 (2): The Board may direct that this Part applies on the terms specified in the Board’s direction: (a) toan independent operator who is neither an employer nor a worker as though the independent operator was a worker, or (b) to anemployer as though the employer was a worker.110