As the CNESST keeps a tight rein on compensation, many people are paid benefits that prove insufficient to outweigh the inconveniences they have suffered following a work-related accident – which is why several applications for review are filed each year with the Administrative labour tribunal.
Although anybody can challenge a ruling made by the CNESST, experience and skill are required in order to succeed. Proving that the CNESST has rendered an unfair decision is a complicated task that should be entrusted to an attorney specialized in the management of cases revolving around occupational health and safety.
A summary of the dispute process is provided in the upcoming paragraphs.
Stages of an application for review
1. Consult an attorney specialized in labour law
Any and all decisions rendered by the CNESST may be challenged by the employee, the employer, or their respective agents. That being said, the dispute process is rather tedious and requires a great deal of patience, as it can extend over several months.
Expressing your disagreement or personal concerns will not change anything to the ruling – you must actually challenge the decision on a legal basis (i.e. prove that you are entitled to benefits and submit convincing evidence such as medical reports, witness testimonies, and so on). In other words, you must develop a strong argument against the position adopted by the CNESST – which will prove a lot easier if you have a specialized attorney in your corner.
2. Fill out the challenge form
You may, either as the worker or employer, challenge the CNESST’s ruling in one of three (3) ways :
- Complete the online form
In order to complete the online form available on the CNESST’s website, you will need to have your case number on hand. The process is reliable, requires little time, and guarantees that your demands will be received. Just make sure you fill out all required fields and clearly explain your grounds for dispute.
Unless the challenged ruling was signed by CNESST conciliators or made jointly by the CNESST and the SAAQ, you do not have to attach a copy of the decision to your online form.
- Print out the form in MS Word format
You may print out the challenge form in MS Word format or pick up a hard copy at a CNESST office near you.
You can print out the form and fill it out by hand or complete it on your computer screen and print it out. Either way, you must bring the form to the court’s registry or send it by fax or through the mail.
You may also fill out the form on your computer screen, save it, and send it by e-mail to the CNESST’s registry – in which case you must append a copy of the ruling you are disputing.
- Draft your own statement
You may write a letter to the compensation agent, which you then dispatch by fax or through the mail. Make sure you clearly indicate the date at which the decision was rendered and state your grounds for disagreement. Such a letter must meet all the requirements set forth in the Rules of evidence and procedure of the Administrative labour tribunal.
3. Process
Regardless of how you filled out and sent your challenge form, the Administrative labour tribunal will issue an acknowledgement of receipt. Your case will be assigned a number you will need to mention whenever you file proceedings or otherwise contact the court.
The court will eventually issue a notice of hearing and provide the parties and the court members with a copy of the entire case. You may, during the trial, act on your own behalf or be represented by an attorney specialized in labour law or any other authorized agent. Since all rulings made by the ALT are final, definite, and unappealable, make sure you are thoroughly prepared and well represented.
Should additional documents be filed before or after a copy of the case is sent to the parties, the court will ensure that they are also disclosed.
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4. Final ruling
The ALT usually issues a final and definite decision within two (2) to three (3) months of the hearing. Such delay may be longer whenever a case proves particularly complex.
How long do I have to challenge a ruling?
Should you ever disagree with a ruling made by the CNESST, you may ask that it be reviewed by the CNESST itself within thirty (30) days of receipt. Once the CNESST reviews its decision, you usually have forty-five (45) days to challenge the review before the ALT.
If you wish to dispute the fact that you were assigned other tasks, denied preventive withdrawal or a right to refuse, or subject to an inspector’s decision, you must file an application for review within ten (10) days. Any application filed once the delay has expired will force you to explain why you did not act sooner.
Must I be represented by an attorney whenever I challenge a decision of the CNESST?
As previously mentioned, any ruling made the Administrative labour tribunal is final, definite, and unappealable. As mistakes or shortcomings in management are likely to have repercussions on the entire case, we strongly recommend that you arm yourself with the experience of a trustworthy agent:
- Union representative
- Employer representative
- Any other individual you believe is sufficiently qualified
Do not hesitate to contact Accident Solution by e-mail or phone (+1-844-448-2748). We have already helped hundreds of clients obtain proper compensation, and will work tirelessly so you get the benefits you deserve.
