Going through a workplace accident can be a traumatic experience. The physical and mental harm endured by injured employees can drastically alter their way of life and create insecurities about the future. Thankfully, there are protections put in place for workers who have been injured at work.
What is workers’ compensation?
Workers’ compensation is a form of insurance. It is designed to guarantee that when an employee suffers an injury during the fulfillment of his/her work duties he/she can have access to certain benefits that will help him/her recover.
What are my rights if I have an accident at work?
Health and Safety
You are legally entitled to receive first aid from your employer and transport to a medical facility or your home at your employer’s expense. Medical expenses will not be covered by your insurance carrier, but by your employer or the CNESST.
Workplace Rights
You have the legal right to return to work and to do so holding the same position you held before the accident. If for any reason that isn’t possible, then your employer has the obligation to provide you with a job of similar seniority and skill.
If your injury has made you incapable of doing such a job, then another set of tasks must be offered to you. It is your employer’s duty to guarantee your return to work. Injured employees can also expect to receive workers’ compensation in the form of financial aid and even disability benefits, should they require them.
Duties related to workers’ compensation
Remember that you must give notice to your employer when your doctor decides that you are ready to go back to work. The right to go back to work is available to injured workers for a limited time frame, after which they are no longer protected by the law.
Understanding When a Personal Injury Claim Is Valid
It is important to note that not every case of someone being injured on the job is eligible for workers’ compensation benefits. Under Quebec employment law, an accident must happen while one is working to be considered a workplace accident. If a workplace injury happened because of the recklessness or careless behavior of the injured worker, then the events that led to the injury are not considered a workplace accident.
There are certain requirements for an accident to be considered coverable. In general, a workplace accident is caused by something sudden and unexpected that happened while the injured worker was doing their job. This means that if an employee was outside of the workplace but running an errand for their boss at the time of the accident, then any harm is still considered to be a work-related injury.
The event must cause some form of injury or illness to be eligible for workers’ compensation. Medical conditions affecting an injured employee pursuing worker compensation can be physical as well as psychological. For instance, someone who developed PTSD after a break-and-entering at their workplace will be eligible for workers’ compensation benefits under the current compensation law.
What if your work-related accident is outside of your work schedule?
What should I do after a workplace accident?
Inform Your Colleagues
If you are the victim of a work-related accident or are the direct witness of one, the first thing you must do is inform your superiors and those in your vicinity. If your workplace makes use of machinery or other potentially harmful contraptions, these may need to be switched off.
The victim or witness of an accident should attempt to keep a detailed record of the events that happened. Some effective ways to do this are with the help of devices like smartphones, which have the added advantage of being able to capture audio and video. If not, a written record of the events can also be useful.
If feasible, a union representative should be informed of the accident. If there is a union presence at the premises then they can help by providing a summary of the events. It is also good to have witnesses who can give their input on the situation. Keeping a fresh memory of the facts will make filing a workers’ compensation claim a simpler ordeal.
Assess the Health of Injured Employees
If you are injured at work then the provision of first aid is the responsibility of your employer. If the circumstances require it, your employer must also assume the responsibility and expenses of taking you to a doctor of your choice, a hospital, or your place of residence.
Visit a Doctor
It is indispensable to visit the doctor after a work-related injury. Not only is it important because of the medical benefits, but you will also need a medical certificate issued by a health professional for future reference. Your employer or insurance company may need this document. In case you can’t return to work because of your injury, then a medical certificate will be required for your employer to pay you during your absence.
Receive Payment
Someone injured on the job during a workplace accident can expect to be financially compensated after the fact. To begin with, an injured worker is entitled to the full payment of their salary for the day of the accident, even if they left work early that day. The law also states that your employer is obliged to pay 90% of your net salary for every day you would have worked for the next two weeks.
Apply to the CNESST
The CNESST is a commission dedicated to workplace standards, equality, health, and safety. The majority of workers in Quebec are protected by the CNESST. This organization provides compensation insurance to workers who have suffered physical or mental injuries while at work.
If you are not ready to go back to work for longer than two weeks after the workplace accident, then you are required to file an application to the CNESST if you wish to keep receiving workers’ compensation benefits. An application to the CNESST is also required if you are expecting to have the costs related to your medical expenses refunded to you.
After a process called a compensation hearing, the CNESST will make the decision of providing you with workers’ compensation or not. Those who see their personal injury claim accepted can expect to receive compensation for their salary. They can also use the money for medical treatment related to the work injury.
It is possible for someone affected by a workplace injury to be unsatisfied with the final decision of the CNESST, and to think the process that led to the decision was not fair to them. For those cases, the best course of action is to hire a specialized lawyer.
A expert on worker compensation law can help you understand the nature and ramifications of the decisions that may have been taken for you without your approval or understanding. Decisions taken by the CNESST have a window of time to be reviewed and challenged.
Can filing a workers’ compensation claim get me fired?
You cannot get fired for filing a workers’ compensation claim. If an employer fires you for a worker compensation claim then that would be considered retaliation on the part of the employer and an illegal act. If you believe you have been laid off due to filing a workers’ compensation claim, then a good course of action is to start gathering evidence and contacting a lawyer.
Can an employee be laid off while on workers’ compensation?
There is a limit on the time an injured worker can remain off work. Employment law states that in case the company has 20 or fewer employees, then an injured employee can go back to work after one year. If there are more than 20 employees at a company, this period extends to two years.
7 Things to Consider When Hiring a Personal Injury Lawyer
What happens if you go back to work with restrictions and then are laid off?
Under the law, all workers have the right to return to their place of employment after suffering a work-related injury. Your employer has an obligation to accommodate every injured worker of the company, and failure to do so could have legal repercussions. As long as you aren’t laid off because of discipline issues or other such matters, your employer must prove they have made substantial efforts to reinstate you in the company.
What happens to my workers’ compensation benefits if I am laid off after an injury?
Since your employer can’t end your employment relationship after an injury, you shouldn’t worry about losing any workers’ compensation benefits. If you have been laid off after an injury, then you should consider hiring the services of a workers’ compensation attorney.
Contact Accident Solution for a free consultation. Talking with a compensation lawyer will help you better understand your case and give you an overall better idea of what to expect from a worker compensation claim.
