In Quebec, victims of crime, work-related accidents or road accidents are eligible for public compensation plans, namely IVAC, CNESST and SAAQ. In order to obtain adequate compensation, you must prepare your file well and know how to contest the decision of these organizations in the case of insufficient or refused compensation. This is why the services of an administrative law lawyer are necessary.
What is an administrative lawyer?
An administrative law lawyer specializes in the legislation governing relations between government agencies and citizens. His/her main mission is to support you when you deal with a federal or provincial structure such as the SAAQ, the CNESST or the IVAC.
Why hire an administrative law attorney?
In order to ensure the promotion of citizens’ rights towards public organizations, the administrative law lawyer:
- Assists you in submitting a relevant application, including all details required by management;
- Explains your rights and obligations at each step of the process;
- Defends you in case of litigation in administrative law.
Here are other legal services in administrative law:
- Provision of government benefits;
- Government annuities;
- Property assessment and taxes;
- Expropriation of property;
- Protection of agricultural territory (CPTAQ);
- Environmental quality;
- Permits, licenses or certificates related to the practice of a trade;
- Etc.
The role of administrative tribunals
While courts deal with civil law disputes between citizens or businesses, administrative tribunals decide disputes involving state structures. The objective of administrative law is to ensure that legislation is applied fairly and in the right way.
Several tribunals are established in Quebec to oversee government practices in various sectors:
- Tribunal administratif du Québec: concerns the financial or political interests of the government;
- Administrative Labour Court: specialized in cases related to the CNESST and labour relations;
- Administrative Tribunal for Financial Markets: deals with disputes relating to financial markets;
- Régies: régie du bâtiment du Québec, régie du logement, régie de l’énergie, etc.
- Commissions: Access to Information Commission, Public Service Commission, Municipal Commission, etc.
When should I file a claim against the IVAC, the SAAQ and the CNESST?
Whether it’s a crime, a workplace accident, or an automobile accident, victim compensation is essential to alleviate the impact of the injuries, losses, and psychological suffering from the victim and their family.
The decisions of the IVAC, the SAAQ and the CNESST are not final. You can take legal action against these organizations when:
- Your claim is denied on the basis that the circumstances of the accident or criminal act do not comply with the conditions set out by the plan involved;
- Your compensation is insufficient for the severity of the incident and your financial needs;
- You experience a prolonged delay in the processing of your file or in the payment of your compensation;
- You have another dispute with management.
How do I challenge an SAAQ decision with an administrative law lawyer?
If you disagree with the decision in your compensation file, you must act within 60 days of receiving the decision. It is possible to file the challenge after this period if you have serious and legitimate reasons.
An administrative law attorney will help you prepare the application for review by the SAAQ. While you can do this step on your own, it is important to have an SAAQ lawyer involved to file a request that includes all relevant documents and arguments. If the internal process has not produced the desired results, your lawyer will initiate a challenge against the SAAQ before the Tribunal administratif du Québec.
Conciliation
At this stage, your lawyer discusses and negotiates with the SAAQ lawyer through a conciliator who is a judge of the court. Conciliation is intended to find a quick and less stressful agreement for the victims before going to a hearing.
Hearing before the Tribunal administratif du Québec (TAQ)
At the hearing, your lawyer presents the evidence and your testimony to convince the TAQ judges. The medical file will be analyzed by a court physician. Your administrative lawyer is familiar with the laws and regulations applicable to your case and will provide you with valuable assistance during this stage.
Decision of the Administrative Tribunal of Quebec
Within 3 months, the TAQ renders a decision following the hearing. The decision is final and cannot be appealed.
What to do if your insurer refuses to pay?
Types of compensation paid by the SAAQ
The SAAQ offers several types of compensation depending on the impact of the road accident on the victim’s life:
Income replacement benefit (IRB)
It is a compensation that replaces up to 90% of the gross annual income of the victim who is no longer able to work as a result of the road accident. The maximum compensation is $88,000. The percentage of replacement income decreases progressively from the age of 65.
Compensation in the event of death
In 2022, the death benefit paid to a spouse ranges from $75,840 to $440,000. The amount of the death benefit is calculated by multiplying the gross annual income by a factor ranging from 1 to 5 depending on the age of the victim.
Quality of life compensation
Compensation for pain and suffering and loss of enjoyment of life is available to victims of motor vehicle accidents. In 2022, this benefit is capped at $265,939.
Reimbursement of expenses
The SAAQ covers the costs of care and treatment following a car accident:
- Medication costs (drugs, supplies and rehabilitation equipment);
- Travel expenses;
- Personal assistance expenses at home (maximum amount $949 per week in 2022);
- Psychological assistance expenses;
- Etc.
Why take legal action against the CNESST following a work accident?
If your claim is denied following a work accident or if you feel that the compensation awarded is insufficient, you can file a claim against the CNESST. You can request a review of your file with the CNESST. If you are still dissatisfied, you can file a complaint with the Tribunal administratif de Québec with the help of a specialized lawyer.
Workplace accidents, occupational diseases and injuries
What is a workplace accident?
For the work accident to be recognized by the CNESST, it must:
- Occur suddenly and unexpectedly;
- Occur during the performance of duties directly or indirectly related to the victim’s employment or during the period in which the victim is under the employer’s authority;
- Cause an occupational injury.
What is an occupational disease?
An occupational disease is a disease contracted as a result of work, its environment or the tasks related to it. For example, asbestosis related to the handling of materials such as asbestos.
What is an occupational injury?
An employment injury can be an injury or illness that occurs as a result of or on the occasion of:
- A work-related accident;
- An occupational disease;
- A recurrence, relapse or aggravation related to an occupational injury;
- care for an employment injury or failure to provide such care;
- An activity prescribed to the worker as part of his or her medical treatment or individualized rehabilitation plan.
Compensation paid by the CNESST after a work accident
The CNESST pays different compensation benefits depending on the consequences of the work accident and the victim’s situation:
- Income replacement benefit;
- Income replacement benefit for the first 14 days;
- Compensation for personal injury;
- Retirement plan allowance;
- Compensation and death.
Do you pay income tax on CNESST payments?
What recourse do I have against the IVAC if I am a victim of crime?
If you disagree with the Crime Victims Compensation (IVAC), you have the right to file a lawsuit to challenge their decision and seek more compensation. The time limits for challenging the decision vary from 30 to 90 days depending on the case.
Request a review
You can submit a request for review by completing a form on the IVAC website. Your file will be reviewed again, and you will receive a new response from the IVAC branch indicating the new compensation limits.
Addressing the Administrative Tribunal of Quebec
If the disagreement persists, you can present your case to the TAQ with the help of an IVAC lawyer. The decision resulting from the hearing will be final.
How to contest an IVAC decision
Need a lawyer specialized in SAAQ, CNESST and IVAC?
Whatever your compensation case, it is important to deal with a law firm to assert your rights and increase your chances of winning your case. Accident Solution provides you with the best lawyers in administrative law to accompany you throughout the compensation procedure, from the claim to the representation before the TAQ.
