You may never have seen a work-related accident, or you may think that nothing bad will happen to you while you are working. However, you should know that in 2003 alone, more than 1,000,000 workplace accidents were reported. In Canada, 1 in 15 workers is injured on the job (source).
Accidents happen in all sectors, so no one is immune. They will inevitably occur as long as products are being produced or people are being employed, regardless of the industry. If you are injured on the job, you are entitled to a variety of benefits, but there are conditions attached to these rights. Learn more about compensation regulations with this article.
What is a work accident?
In Quebec, when someone is injured while performing his or her duties, this constitutes a work-related accident. If you are a victim, you may be entitled to compensation and other forms of assistance. The accident must:
- Result from an unforeseen and unexpected event (the accident may also be a relapse of a previous accident);
- occur while you are doing your job or doing something at the request of your employer;
- cause an injury or illness.
Employees who suffer physical or psychological injuries are also covered by workers’ compensation benefits. For example, you may suffer from post-traumatic stress disorder as a result of an armed robbery at your workplace.
How much does a lawyer cost in Quebec?
What to do if you have a work accident?
Here are the steps to follow if you have an accident at work:
- Inform your employer
- Consult a doctor in a clinic or hospital
- Present the medical certificate to your employer
- Fill out the Worker’s Claim form
- Do all the medical examinations and take all the necessary measures
- Inform the CNESST (Commission des normes, de l’équité, de la santé et de la sécurité du travail) of any changes
1. inform your employer
When a workplace accident occurs, you or another person must notify your employer as soon as possible because your company has an obligation to provide first aid to you and to ensure the safety of other workers. Your employer will cover the cost of transportation if you need to go to a hospital, clinic or even home as a result of your injury (ambulance, cab, public transportation, etc.).
Even if you do not need medical attention, inform your employer of the accident. Regardless of any consequences, it is advisable to note the incident in the Accident/Incident/First Aid Record Book.
2. seek medical attention
You should seek medical attention and receive medical treatment if necessary. You are free to contact the physician of your choice. You will be provided with a medical certificate that will be helpful in filing a workers’ compensation claim.
If you are unable to work the rest of the day, your employer is required to pay you 100% of your wages for the day. The doctor will determine when you can return to work. Your employer may offer you a temporary assignment if you are unable to return to your regular job in the near future.
3. Present the medical certificate to your employer
If you are unable to return to work immediately, you must provide your employer with a medical certificate. For the first 14 days of absence, your employer must complete the “Notice from Employer and Claim for Reimbursement” form, send it to the CNESST and give you a copy. Your employer is required to pay you 90% of your net salary for the days you would have worked had you not been injured, excluding the day of the accident.
4 Completing the Worker’s Claim Form
The Worker’s Claim form is used to file a claim with the CNESST, for example, if you have to be away from work for more than 14 working days. To claim expenses, such as medical or transportation costs, you must have completed your claim. Even if you did not have to miss work, you can still be paid for injury-related expenses.
Send in all essential documents, such as your medical certificate, receipts and medication list when you file your claim. Also give your employer a copy of your claim. If your work injury occurred outside of Quebec, you may have to choose between being compensated by the CNESST (Commission des normes, de l’équité, de la santé et de la sécurité du travail) or another compensation agency.
5. get all necessary medical examinations
It is essential that you undergo all necessary medical examinations and follow all of your doctor’s recommendations so that your file is as complete as possible. If requested by the CNESST or your employer, you may be required to undergo additional medical examinations. If you do not attend the examinations, you may be penalized for the money you are owed.
6. inform the NSSEB of any changes
Any change in your medical condition or that could potentially affect your case must be reported to the CNESST (Commission des normes, de l’équité, de la santé et de la sécurité du travail). When your doctor determines after an examination that you can return to work, notify your employer and the CNESST immediately.
What to do if you have a work-related accident outside of your work schedule?
What are the benefits in case of a work accident?
Here are the benefits for work-related accidents under the common law and the Workers’ Compensation Act:
- Compensation for lost earnings (if injured employees are not eligible for workers’ compensation leave) ;
- Medical, Hospital and Related Services;
- Rehabilitation Services;
- A pension, if an injury results in permanent disability; and
- Pensions to dependents of an employee fatally injured in the course of employment.
Unfortunately, the compensation provided for workers’ compensation is often inadequate and does not represent the extent of the damages suffered by the worker. Fortunately, it is possible to seek legal representation and challenge the decisions made by CNESST. No injury should be minimized or result in inadequate compensation; that is why specialized lawyers are there to hold the CNESST accountable.
If it is clear that the workplace accident was caused by the employer’s negligence, it is possible to seek justice by filing personal injury claims. While workers’ compensation laws generally protect other employees and employers who may have been involved in the accident, if there is evidence of negligence, the accident may be considered a personal injury case.
Did you know that it is possible for your employer to reduce the cost of a workplace accident?
Employers are required to pay into the CNESST plan through annual premiums that depend on the number of accidents that have occurred and the size of the employer. In fact, what the CNESST pays to a disabled employee can be double or even triple the cost to the employer, which is why they sometimes want to challenge the decisions.
However, the Workers’ Compensation Act allows them to reduce or share the cost of this charge if, among other things:
1) the accident is caused by the fault of a third party (other than an immediate co-worker in the company);
2) the worker is injured during treatment or does not receive the necessary care;
3) several employers are responsible for the worker’s occupational disease
4) the accident has aggravated another personal condition (such as an injury or disability of a personal nature, resulting from an activity outside the workplace)
5) the current injury resulted from an aggravation of a previous work injury;
If your work injury fits any of the above, then it may be possible to reach an agreement with your employer to reduce its costs in exchange for accepting your injury without dispute!
What is the coverage if I am absent from my usual place of work?
A person who suffers a work accident or occupational disease outside of Quebec can choose between the coverage of the CNESST or that of another organization that has proportional jurisdiction and administers workers’ compensation plans outside of the usual place of work.
In this situation, at least one of these 3 conditions must apply in order for the victim to have a choice of compensation plans:
- You have a residence outside of Quebec;
- Your work accident took place or your occupational disease was contracted outside Quebec;
- Exposure to contaminants outside Quebec is the cause of the occupational disease.
If any of these conditions apply, then you must choose between workers’ compensation benefits from Quebec or from another organization that administers compensation plans in the region in question. Only one compensation plan can be selected.
How do you choose the right lawyer to represent you?
Need legal advice?
H6: Our experts can help you understand the nature and impact of decisions made in your workplace. It is important to understand that every decision made by the CNESST can be reviewed or challenged within a specified time period, including in matters of work accidents.
Our CNESST lawyers and experts take your case to heart. From the very first appointment, they carefully analyze all the documents and details of your file, including your medical documents, the circumstances surrounding the accident, the time limits for reporting the event to the CNESST, the list of witnesses and the time limits for contesting the decision, all of which is essential information for your file.
