Do All Workplace Accidents Need to Be Reported? Your Legal Obligations in Quebec

Whether it’s a minor incident or a serious injury, proper reporting is a legal duty that protects both workers and employers. A 2022 report by Employment and Social Development Canada indicated a total of 39,465 work-related injuries reported for federally regulated employees, including 18,131 disabling injuries, 67 fatal injuries, and 21,267 minor injuries.

These alarming numbers highlight the importance of proper reporting for identifying workplace hazards, ensuring timely intervention, supporting compensation claims, and ultimately fostering a safer work environment for all employees.

At Accident Solution, we provide legal guidance to ensure workplace accidents are properly reported and claims are managed effectively. In this article, we explain your reporting obligations, what must be reported, and what to do if your employer fails to report.

Do All Workplace Accidents in Canada Need to Be Reported?

Workplace safety in Canada is not optional, it’s a legal requirement. Under Canadian Occupational Health and Safety (OHS) legislation, the majority of workplace incidents, no matter how minor, must be reported. Whether the accident leads to serious injury or seems insignificant, timely and accurate reporting is critical to maintaining compliance, safeguarding workers, and reducing future risks.

Why Reporting Workplace Accidents Is Crucial

Every workplace incident, from minor injuries to potentially dangerous occurrences, should be thoroughly documented and reported to the relevant provincial or federal authority. Accident reporting not only reinforces workplace accountability but also helps identify and correct unsafe conditions before they lead to more severe harm. This process plays a key role in promoting a culture of safety and protecting the long-term health of employees.

Protect Your Rights After a Workplace Accident – Speak to a Lawyer

What Types of Workplace Incidents Must Be Reported in Quebec?

Reportable Workplace Incidents in Quebec

The following types of incidents must be reported by employers:

• Fatalities: Any workplace accident resulting in a worker’s death.
• Critical Injuries: Injuries that threaten life or cause permanent damage (e.g., severe bleeding, loss of sight, unconsciousness).
• Disabling Injuries: Injuries that prevent the employee from performing their regular work duties.
• Occupational Illnesses: Conditions caused by workplace exposure (e.g., lung disease, skin disorders, infections).
• Dangerous Occurrences: Major events with injury potential, such as equipment failures, explosions, or structural collapses.
• Hazard Exposures: Contact with toxic substances, live electricity, or defective safety equipment.

Immediate reporting is often required, especially in serious or high-risk incidents, to trigger investigations and corrective actions.

What to Do After a Work Accident?

Who Is Responsible for Reporting Workplace Incidents in Quebec?

In Quebec, employers are legally required to report workplace injuries and hazardous incidents to the CNESST (Commission des normes, de l’équité, de la santé et de la sécurité du travail). This includes any accidents, occupational diseases, or dangerous occurrences that could pose a risk to workers.

Employers must notify the CNESST without delay for serious incidents such as fatalities or critical injuries. For other types of incidents, reporting must typically occur within a few business days, depending on the severity and type of event. A detailed incident investigation report is often required.

How to File a Claim with the CNESST

What Are the Consequences of Not Reporting a Workplace Incident in Quebec?

• Loss of Right to Compensation: If a worker fails to report an injury or incident promptly, they may lose eligibility for compensation from the Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST).
• Legal Consequences for Employers: Employers are legally obligated to report workplace injuries. Failure to do so can lead to fines and penalties under Quebec’s Act respecting industrial accidents and occupational diseases (LATMP).
• Delayed or Denied Medical Support: Without an official report, access to medical evaluations, rehabilitation services, or wage replacement benefits may be delayed or denied.
• Workplace Safety Risks Persist: Not reporting incidents prevents proper investigation, allowing hazardous conditions to continue and potentially harm other workers.
• Increased Employer Liability: If an unreported incident escalates or leads to further harm, the employer may face greater legal and financial liability.
• Criminal Charges for Severe Negligence: In extreme cases where non-reporting contributes to serious harm or death, criminal charges under the Canadian Criminal Code may apply.
• Damage to Workers’ Legal Protection: Not reporting may weaken a worker’s legal position in disputes or claims related to workplace health and safety.

How Long Do You Have to Report a Workplace Injury?

What Should I Do If My Employer Fails to Report a Workplace Injury?

If your employer has not reported your workplace injury to the CNESST, it’s essential to act quickly. Here’s what to do:

• File the Report Yourself: Injured workers can directly file an accident report with the CNESST. Don’t wait for the employer to fulfill their responsibilities, especially in time-sensitive situations like fatal accidents, workplace fatalities, or exposure to hazardous occurrences at a mining plant or other high-risk worksite.
• Seek Immediate Medical Attention: Visit a licensed medical facility or healthcare provider as soon as possible to evaluate your injury and begin medical treatment. Your healthcare professional will issue the necessary medical documentation to support your CNESST claim.
• Consult a Workplace Injury Lawyer: An experienced accident or workplace compensation lawyer can help you navigate the claims process and protect your entitlement to benefits. They can also investigate whether your employer’s failure to report the incident was due to negligence or intentional misconduct, especially in serious or complex cases.
• Report to the Appropriate Authorities: If you work in a federally regulated sector (e.g., Elections Canada, Transport Canada, or under other federal employers), report the incident to a Labour Program Health and Safety Officer or your on-site health and safety representative. If you’re part of a union, your workers’ or trade union can also assist in filing your claim and advocating on your behalf.

Failing to report is not just a paperwork issue, it can affect your long-term recovery, legal rights, and access to benefits. Contact an accident lawyer to ensure your case is handled properly, your injury documented, and your rights protected.

Ensure Your CNESST Claim Is Filed Correctly 

How Can a Lawyer from Accident Solution Help with Unreported Workplace Accidents?

By partnering with Accident Solution, you gain a dedicated ally committed to securing the compensation and support you deserve following a workplace injury in Quebec.

• Expertise in CNESST Claims: Accident Solution’s lawyers have extensive experience with the CNESST, ensuring that your claim is accurately filed and effectively managed.
• Comprehensive Legal Support: From initial injury reporting to potential appeals, our team provides thorough legal assistance, helping you understand your rights and the compensation you’re entitled to.
• Personalized Approach: Recognizing that each case is unique, we offer tailored legal strategies to meet your specific needs, whether it’s a physical injury, psychological trauma, or occupational illness.
• Assistance with Employer Non-Compliance: If your employer fails to report your injury, we can intervene to ensure that your rights are protected and that necessary reports are filed promptly.
• Support Beyond CNESST: In cases where additional legal action is warranted, such as pursuing further compensation, our lawyers are equipped to guide you through the necessary legal avenues.

Your Injury Deserves Attention – Let Us Handle the Legal Process

Accident Solution: Legal Advocacy for Injured Workers in Quebec

At Accident Solution, we are dedicated to protecting the rights of injured workers across Quebec. Whether you’ve experienced a minor workplace incident or a serious injury, we provide clear legal guidance to ensure your accident is properly reported and your claim is handled with care. Our mission is to secure your benefits, protect your job security, and advocate for your long-term well-being.

Talk to a CNESST Lawyer