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A workplace accident can happen without warning. Whether you work in construction, in an office, or on the road, knowing how to report a workplace accident quickly can make the difference between a smooth compensation process and administrative complications. In Québec, reporting a workplace accident involves specific steps with the CNESST.
Quick Summary: What to Do After a Workplace Accident
| Key moment | What you need to do |
|---|---|
| Immediately | Notify your employer as soon as possible and receive first aid |
| The same day or as soon as possible | Consult a healthcare professional and obtain a medical certificate |
| If you cannot return to work the next day | Provide the medical certificate to your employer |
| In the days following the accident | Keep all medical documents and evidence related to the accident |
| As soon as possible (max. 6 months) | Submit your “Worker’s Claim” to the CNESST |
| In case of disagreement | Request a review or contest the decision within the prescribed deadlines |
What Is a Workplace Accident?
A workplace accident is a sudden event that occurs during your working hours and results in a physical or psychological injury. To be recognized, the accident must happen while you are performing your usual work duties or while you are under the authority of your employer.
A work-related injury may be a visible injury such as a fracture, a cut, or a sprain. It may also be psychological, such as post-traumatic stress following a violent incident at work. In all cases, the injury must be diagnosed by a healthcare professional.
Workers who suffer a workplace accident are automatically protected in Québec. The Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST) is responsible for managing workplace accident claims. All employers in Québec are required to register with the CNESST to cover their workers in the event of a workplace accident.
Immediate Reporting Steps
Step 1: Notify Your Employer Immediately
As soon as a workplace accident occurs, you must inform your supervisor or a representative of your employer before leaving the premises. This notification may be verbal at the time of the accident, but the employer must then record it in writing in the Accident Register.
Your employer is required to provide first aid. If necessary, they must arrange transportation to a hospital or to a physician at their expense. The employer cannot refuse to provide these services or ask you to pay for them.
Step 2: Consult a Healthcare Professional
Even if your injury seems minor, consult a physician, a nurse practitioner, or another healthcare professional. The healthcare professional will assess your condition and issue a medical certificate. This medical certificate is essential for your claim file.
The healthcare professional will determine how long you must be absent from work. They may prescribe a full work stoppage or allow you to return to work with modified or suitable duties. Always keep the original copy of your medical certificate.
Step 3: Provide the Medical Certificate to Your Employer
If you are unable to return to work the day after the accident, you must provide your medical certificate to your employer. Without this certificate, your employer may refuse to pay your income replacement indemnity.
For the day of the accident, your employer must pay your full wages. For the following 14 days during which you are unable to work, your employer must pay you 90% of your net wages. This indemnity covers the days you would normally have worked according to your regular work schedule.
How to File Your CNESST Claim
When to File Your Claim
You must complete the “Worker’s Claim” form and submit it to the CNESST as soon as possible after the accident. You have a maximum of six months from the date of the accident to file your claim.
If the work-related injury results from sexual violence, this deadline is extended to two years.
Even if your employer paid you for the first 14 days following the accident, you must still submit your claim to the CNESST in order to continue receiving benefits. Without this claim, payments will stop after the initial two-week period.
How to Complete the Form
The Worker’s Claim form requires several details about your accident. You must clearly describe how the accident occurred, where it took place, and what injuries you sustained. Be as precise as possible in your responses.
Attach all medical documents to your claim, including medical certificates, examination reports, prescriptions, and treatment invoices. The more complete your file is, the faster the CNESST can process your claim and issue your benefits.
Provide a copy of your claim to your employer at the same time as you submit it to the CNESST. The employer must also complete their own declaration, known as the “Employer’s Notice and Application for Reimbursement.”
After You Submit Your Claim
The CNESST reviews your file and decides whether your accident is recognized as a workplace accident. If accepted, you will receive income replacement benefits equal to 90% of your net wages. These benefits continue until you are able to return to work.
The CNESST may require you to undergo additional medical examinations with healthcare professionals it selects. You must attend these appointments. The CNESST covers the cost of these examinations as well as your travel expenses.
If you disagree with a CNESST decision, you may request an administrative review within 30 days or, depending on the type of decision, contest it directly before the Administrative Labour Tribunal, generally within 60 days.
Your Rights After Filing a Claim
Protection Against Dismissal
Your employer cannot dismiss you because you suffered a workplace accident. This protection applies as soon as you report the accident. If you believe you were dismissed because of your workplace accident, contact the CNESST or a lawyer specializing in employment or labour law as soon as possible.
Once your doctor authorizes you to return to work, your employer must reinstate you in your position. If lasting effects prevent you from performing your previous duties, your employer must offer you suitable or modified work that matches your current abilities.
Deadlines to Return to Work
You have a specific period of time to exercise your right to return to work after a workplace accident. If your employer has 20 employees or fewer, you have one year. If the employer has more than 20 employees, you have two years.
These time limits begin at the start of your continuous period of absence related to the work-related injury.
If you exceed these deadlines, your employer may still be required to reinstate you, unless doing so would cause undue hardship. Consult a professional to assess your situation if you are approaching these deadlines.
Conclusion: Act Quickly
Reporting a workplace accident promptly helps protect your right to compensation. Inform your employer as soon as possible, consult a healthcare professional, and keep all related documents. If your absence exceeds 14 days, submit your claim to the CNESST without delay.
Need help reporting your workplace accident or navigating the CNESST process? The experts at AccidentSolution.ca understand every step of the workplace accident claim process in Québec.
Contact us to make sure your claim is complete and your rights are protected.
Please note: this article is for information purposes and does not replace legal advice tailored to your situation.