CNESST Lawyer – Workers’ Compensation Lawyer

The Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST), formerly known as the CSST, is Quebec’s governmental entity responsible for managing working conditions, regulating the workplace, ensuring workplace safety, and compensating Quebecers who have suffered a workplace injury or occupational disease. When you have an accident at work and compensation is not forthcoming, consider calling a lawyer from Accident Solution for justice.

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    What is CNESST?

    CNESST is a government agency responsible for enforcing the Act respecting industrial accidents and occupational diseases in Quebec. The purpose of this organization is to prevent and compensate for work-related accidents. Entirely financed by Quebec companies, the CNESST acts as an insurer. Thus, if you have been recognized as a victim of a work accident or occupational disease, the CNESST is the entity responsible for compensating you.

    However, it is important to know that despite the role and purpose of this organization, it is common to hear that many workers are not given due respect by the CNESST or by their employer. In fact, every year, several accidents are reported by the CNESST, and it is not uncommon to see cases in which the compensation is not sufficient to cover the damages.

    What to do in case of a workplace accident?

    The Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST) is an organization created by the Government of Québec to ensure that citizens’ rights and obligations in the workplace are respected. CNESST’s mission is to ensure that workplaces take responsibility for workers’ health and safety in Quebec and to compensate and rehabilitate victims of occupational injuries.

    If you have been injured on the job, you have rights and the Accident Solution team is here to help you through the compensation and rehabilitation process by ensuring that your rights are respected. The Act on industrial accidents and occupational diseases (AIAOD) stipulates income replacement benefits (IRB) for workers and individuals considered as workers. We specialize in assisting injured workers and we will help you get your rights acknowledged.

    For example, in late 2018, a case made the rounds in Quebec headlines: an Iron Mountain employee who was repeatedly subjected to racism became seriously ill as a result. The claim was initially denied, but after this decision, the claim was revised and adjusted, stating that such repetitive racist behaviors definitely have something traumatic for the victim, potentially affecting their mental health. Had it not been for a request for a review with the assistance of a legal aid lawyer, the situation would have remained unresolved and would likely have escalated for the Iron Mountain employee.

    At the end of 2018, an employee of Iron Mountain who was subject to constant racist remarks became seriously ill. The individual’s claim for compensation was rejected at the trial level, but was later approved following thorough review. The CNESST ruled that recurrent racist behaviours were indeed likely to impact the victim’s mental balance over time. Hence, had it not been for the filing of a properly formulated application for review by a legal aid counsel, an unacceptable situation would have persisted (if not worsened). 

    Accident Solution’s Legal Services Cover the Cities of Montreal, Laval (North Shore), Longueuil (South Shore) and Abitibi

    Our CNESST lawyers and experts take your case seriously. From the very first meeting, they will 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 claim, all of which are essential to your file. Don’t forget to keep all your documents, even the ones that might seem irrelevant.

    Receive Compensation, It’s Your Right!

    An indemnity is an allowance or compensation offered to a person who is in recovery for an injury or who has experienced a loss. Compensation is also called restitution. Time limits following workplace accidents should include an accommodation by the employer. In Quebec, it is your right to receive compensation and indemnity according to your needs.

    For any emotional loss or personal injury caused by an accident at work, you are entitled to receive compensation. Working with lawyers at Accident Solution is the best way to ensure that you receive your rightful compensation within the time frame of the accident.


    What Are the Types of Compensation in CNESST Files?

    There are two common types of compensation in CNESST files: compensation for bodily injury and compensation for income replacement. In the case where, following a work accident, your physical or psychological integrity has been permanently affected: you are entitled to claim compensation for bodily or psychological injury. If, as a result of an occupational injury, you are unable to perform your job because of this injury, you are entitled to claim income replacement compensation.

    In some cases, it is also possible to apply for in-home assistance when you are victim of an accident that has caused significant damage that prevents you from taking care of yourself and performing your domestic tasks. It is also possible to apply for compensation for expenses related to the adaptation of a house or the main vehicle for the victim.




    If you are a victim of a work injury, there is a large list of steps to follow after an accident. All of the administrative work can be difficult to do, which is why we recommend that you seek professional help from a lawyer. One of your most important rights as a worker in Quebec is the right to information, so do not hesitate to contact a lawyer when you feel resistance from the CNESST.

    We recommend that you take the following steps:

    1. Notify the Employer

    The first step is to inform your employer as soon as possible, if not immediately after the accident or receipt of your doctor’s diagnosis. Your employer should open a file about your accident and your situation.

    The facts of the Event

    After a workplace accident, you should write down all the details you remember about the event. This will keep your memory fresh of the facts of the event, and will make it easier for your lawyer to file a claim.

    If your job is syndicated, we recommend that you request the presence of a union representative at the scene. Not only will this resource be of great assistance in the aftermath of the accident, but they can also help you write your statement after the accident.

    3. Witness List for CNESST

    Next, list any witnesses who were present during the accident and note the presence of surveillance cameras, if any. These people can be invaluable resources for your CNESST lawyer.

    The Employer’s Version of Events

    Make sure your employer reports the events leading up to the workplace accident. Ask for a copy of the accident report. The employer is required to keep a record of the accident for legal reasons.

    Many cases become more complex as a result of contradictory versions of the facts and circumstances surrounding the event between the injured party and the employer. Thus, it is important to clarify these facts as quickly as possible. As you know, words fly, writings remain! In order for a claim to be resolved, you need a file completed by the worker and the employer.

    Choosing a Doctor

    Consult a general practitioner or an expert physician as soon as possible to obtain a medical report on your condition following the work accident. If this doctor is imposed on you or recommended by your employer or by the CNESST, do not hesitate to ask for the opinion of a third party doctor that you have chosen.

    Make sure to mention all the injuries caused by the accident at work. All physical and psychological problems caused by the accident should be included in an accident file. The CNESST has the duty to compensate you for any inconvenience, which is why proof is important.

    Please note that you cannot contest a doctor’s professional opinion except by producing a second opinion written by another doctor.


    What Is The Importance Of Medical Expertise After An Occupational Injury?

    Once your employer has been notified, the report of an experienced physician is essential. This report allows you to present your health condition, and is a very valuable document since it can have an important impact on the rest of your life. This report allows us to set the date of your return to work, the recognition of your physical and mental capacities, and even more, the recommendations of treatment for your health.

    Thus, knowing the influence and importance that this medical report will have on your case, it is important to consider the choice of physician. If you are in a position to choose, it is strongly recommended that you seek independent medical expertise. It is important to know that in a public health system, doctors are under a lot of personal and administrative pressure. Therefore, your report may not fully reflect your condition, so consulting an independent medical opinion may have benefits.


    Help from a Worker’s Compensation Lawyer to Contest

    Our experts can help you understand the nature and impact of decisions made against you. Challenging a workers’ compensation decision requires a complete file and complex administrative tasks, and enforcing your rights is difficult without a good knowledge of the law. That’s why seeking the help of a lawyer from Accident Solution is the best decision to ensure you get your rightful compensation.

    It is important to understand that each decision of the CNESST can be reviewed or contested within a time limit indicated in the decision. Please note that these deadlines are very important and must be respected or your right to contest will be lost. Let us help you contest a decision.

    Protégez vos droits en cas d’accident de travail ou de maladie professionnelle

    The Administrative Review Branch

    In order for a request for review to be considered valid, you must send the official request for review paperwork AND address it to the attention of the Administrative Review Branch, in addition to sending a copy of the document to the officer who made the decision you wish to reverse.

    The Administrative Review Branch will then contact you to get your version of the facts of the work accident. Our CNESST lawyers recommend that you keep your version of events as concise and brief as possible. Why? The less detail you go into, the less chance you have of inadvertently contradicting your first version of the facts, which is the basis for all subsequent proceedings. We know how difficult and stressful all the paperwork in the legal process can be. Contact us to find out about your rights: no more delays or decisions without information!

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    The Administrative Labor Tribunal (ALT)

    Following this request for review to the Administrative Review Branch, you will receive a second decision confirming or reversing the first decision made by the CNESST. In the event of disagreement, you will have 45 days to contest the decision before the administrative labor tribunal.

    At this stage, it is important to make informed decisions about the course of the trial. You will have to decide whether it is appropriate to call your doctor as a witness and whether you intend to produce a medical expertise. In order to make informed and strategic decisions, we recommend that you seek the assistance of one of our professionals.

    We also provide legal services for other government entities in Quebec. To learn more about our services in Quebec related to CNESST, SAAQ or IVAC, we encourage you to visit our website, which is full of up-to-date and practical information.


    This article provides a general overview of the compensation process with the Commission des normes, de l’équité, de la santé et de la sécurité du travail and should not be construed as legal advice. We strongly recommend that you consult a lawyer who specializes in your case for specific questions. Call Accident Solution for the best advice and legal decisions.

    So if you have any questions that are not answered in this article, please feel free to contact us by email or phone. We make it a point to answer all of our emails and calls, as we know that our customers contact us most of the time in case of an emergency situation.


    What Is The Difference Between An Occupational Disease, An Occupational Accident And An Occupational Injury?

    According to section 2 of the AIAOD, a work accident is defined as:

    “an unforeseen and sudden event attributable to any cause, occurring to a person by reason of or in the course of his or her employment and resulting in an employment injury to him or her.”

    While an occupational injury is described as:

    “an injury or illness that occurs by reason of or in connection with an industrial accident, or an occupational disease, including recurrence, relapse or aggravation.”

    and an occupational disease is defined as:

    “a disease contracted by reason of or in connection with work and which is characteristic of that work or directly related to the particular hazards of that work”.

    Thus, an occupational injury is an injury that occurs at work, while an occupational disease is a disease that is characteristic of the work or directly related to the specific risks of the work. For an injury to qualify as an employment injury or an occupational disease, it must be the result of an accident or a series of events related to work.


    There Are Three Things That Are Important To Know When Talking About Workplace Injuries

    1. A work-related accident is not restricted to an accident that occurs in the performance of work itself. It can also be the result of a work-related activity, either during a convention required by the employer or on the way to a customer’s premises.
    2. An occupational injury or illness may also be psychological in nature (e.g., depression, adjustment disorder, post-traumatic stress disorder, head injury).
    3. In order for an occupational disease to be recognized, the courts must be provided with scientific evidence that establishes the causal link between a given disease and a given job.


    What Are the Requirements to Qualify an Accident as a Workplace Accident?

    According to the Act respecting industrial accidents and occupational diseases (AIAOD), there are four criteria for an accident to be recognized as an industrial accident :

    • An unforeseen and sudden event;
    • Attributable to any cause;
    • Occurs as a result of work; or in the course of work;
    • That results in an occupational injury.


    What Does Relapse, Recurrence or Aggravation Mean to the CNESST?

    Following a work accident, it is not uncommon to hear stories of a relapse, recurrence or aggravation of an injury already recognized by the CNESST. CNESST policy 1.03 sets out the necessary conditions, as well as the assessment criteria used by the CNESST for a recurrence, relapse or aggravation to be recognized as an employment injury.

    Unfortunately, claims for relapse, recurrence or aggravation are often contested by the employer or by the CNESST. Therefore, it is important to take the initiative to start building a good claim file in order to contest the decision. We recommend that you consult a lawyer to advise you of your options and the proper steps to take. At Accident Solution, we offer an initial consultation without obligation to assess your case.

    Contact us for more information!


    When to Seek a Workers’ Compensation Lawyer for a Consultation?

    The sooner the better! A specialized lawyer will be able to help you take the right steps and avoid mistakes that could be irreversible in your case. While the CNESST is a government agency that was put in place to help workers, it is not uncommon to hear horror stories in which workers’ rights have not been respected. This is why we advise you to quickly call a lawyer when you are victim of a work accident and even more so if you feel that there are complications with your employer.


    How Can Our CNESST Lawyers Help You?

    At Accident Solution, our lawyers have the expertise to help you with CNESST cases. Our team of lawyers is there to help you assert your rights and support you during the process. At Accident Solution, we know that being a victim of a work-related accident can be a huge burden, which is why we take all our cases very seriously and are committed to their success. Here’s how our lawyers can help you!

    • Extensive knowledge in the field of CNESST
    • Enforce your rights to compensation when they are not respected
    • To inform you of other rights you may have
    • Help you in the process of contesting or claiming compensation
    • To enlighten you in the rehabilitation process and to negotiate for you
    • Guide you through the administrative and legal procedures


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    Protégez vos droits en cas d’accident de travail ou de maladie professionnelle