Whenever you suffer from a work-related accident that keeps you away from work for a few days or weeks, you should file a claim with the CNESST in order to be compensated in the meantime.
As you may surmise procedures must be followed and evidence must be provided. Our attorneys specialized in cases revolving around occupational health and safety can help you fulfill those requirements.
What is a work-related accident?
A work-related (or workplace) accident is a sudden, unplanned, and unforeseen event that occurs at work and brings about an occupational injury or illness.
To qualify as such, a work-related accident must satisfy the following requirements:
- Occurs while the worker is performing a task in connection to which they are employed;
- Occurs while the worker is carrying out other tasks that are related to their job;
- Causes an injury or illness duly diagnosed by a healthcare professional;
- There exists a causal relation between the event and the injury or illness.
Qualification of the injury or illness
In order to be compensated by the CNESST, you must demonstrate that the harm you have suffered was caused by a work-related accident. In other words, you must prove that you have fallen prey to an occupational injury or illness.
The circumstances surrounding the event must be described precisely and accurately, as an injury sustained while the worker was on a break or leaving company premises may not always be recognized as a work-related accident.
Several factors and parameters will be assessed by the Court, including:
- Location and time of the event;
- Nature and purpose of the task the worker was carrying out when the accident occurred;
- Whenever the accident happened outside company premises and/or work schedules, a relationship of subordination with the employer must be established;
- Usefulness of the task performed (from the employer’s point of view);
- Any and all related activities;
- Relationship between the activity carried out at the time the accident occurred and the worker’s actual job.
What to do if you are involved in a work-related accident outside of your work schedule
A few examples…
A claim will generally be approved in connection with an accident that occurred while the employee was on their way to work (i.e. in the company parking lot or on an access path). Conversely, accidents that happen while the worker is driving in traffic are not recognized by current caselaw.
Injuries sustained while the worker is on a break may qualify as work-related accidents insofar as the latter was performing an activity which is related to their job. Any endeavor which is personal in nature or forbidden by the employer will prevent the incident from being recognized (as in the case of a worker who leaves company premises to smoke or have coffee with a colleague).
Quelle est la procédure à suivre ?
Our team of attorneys specialized in cases involving the CNESST recommends that you follow these steps:
- Notify your employer as soon as your physician issues a diagnosis;
- Write down a detailed account of the facts and a list of potential witnesses;
- Collect all the documents and resources your CNESST attorney may need to have on file;
- Make sure your employer reported the relevant facts with accuracy.
What to do if you are involved in a work-related accident during your working hours?
Make your you follow the steps listed below:
- Notify your employer, who must not only provide first aid but also take charge of the transportation costs incurred while returning home or reaching a healthcare facility.
- Consult the healthcare professional of your choice, who shall provide the care you need and issue an medical assessment. A physician’s diagnosis is crucial to your case as it mentions the date at which you should be able to return to work.
- The Employer must pay all the salary and wages you would have earned during the first day of work.
- If you find yourself unable to return to work, you must hand your physician’s assessment to your employer, who will fill out the form entitled Avis de l’employeur et demande de remboursement pour les 14 premiers jours d’absence auprès de la CNESST and provide you with a copy. Ninety percent (90%) of your salary and wages must be paid during those fourteen (14) days.
- Fill out the worker’s claim form in order to obtain financial compensation. Several types of expenses (such as healthcare and travelling) may be reimbursed, provided that you file the form in question within six (6) months of the date of the accident.
- Undergo all required medical examinations and treatments so you have complete and detailed medical records on hand should the CNESST ever request a medical expertise.
- Keep the CNESST up-to-date on all relevant changes.
Once your claim is approved, you may receive benefits in connection with healthcare, rehabilitation costs, and/or loss of income.
Should your claim be rejected, challenging the CNESST’s ruling will require you to observe strict delays and deadline. In doubt, do not hesitate to contact our team of legal experts.
