No matter how serious or trivial, any work-related accident must be reported to the victim’s employer as well as to the CNESST – which explains why conflicts sometimes arise between the parties.
We shall, in the following paragraphs, outline the procedure you must observe following a work-related accident. As the process is complex, demanding, and rather tedious, we strongly recommend that you consult an attorney specialized in cases involving the CNESST.
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Definition of a « work-related accident »
A work-related accident (or « workplace accident ») is a sudden and unforeseen event that occurs on the workplace while an individual is performing your duties.
In order to be acknowledged as a work-related accident, an event must:
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- Occur while the worker is carrying out their duties – which means that the individual must, at the time, be subject to their employer’s authority. No accident stemming from personal actions or problems will ever be considered;
- Be sudden and unpredictable (so it can be distinguished from an occupational disease);
- Bring about bodily or psychological injuries.
Steps to follow
1. Notify your employer
Unless a force majeure event is at play, you must inform your employer withing twenty-four (24) hours of the accident. Make sure you specify where and when the accident occurred and mention the names of potential witnesses.
Your employer must provide first aid and arrange transportation to a healthcare facility or a physician’s office should your condition warrant it.
2. Consult a physician
Even if you do not appear to have sustained substantial injuries, you should consult a physician as soon as you can following the accident. Doing so will allow you to receive a medical assessment which contains statements addressed to your employer, the CNESST, and yourself.
If you find yourself unable to show up for work the day after the accident, make sure you provide the medical assessment to your employer so they keep paying you nonetheless.
3. File a claim with the CNESST
If you must stay away from work for at least fourteen (14) days and/or have medical expenses to pay, you may file a claim with the Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST) by filling out the form entitled La réclamation du travailleur.
As you do so, you will be asked to provide original documents and to record your street address, zip code, health insurance number, and social insurance number.
4. Medical assessments
In order to properly evaluate your overall condition during your absence from work, the CNESST or your employer may require that you undergo additional medical examinations. The costs associated with such examinations will be paid by the party who requested them.
5. Notify your employer and the CNESST of your return to work
Make sure that you inform both your employer and the CNESST of the date at which you plan to return to work, as well as of any change in your overall condition.
In order to avoid getting lost in formalities, do not hesitate to retain the services of an attorney specialized in cases involving the CNESST who will enforce your rights before the relevant authorities.
