A presumption brings one to reach specific conclusions based on appearances. In the field of labour law, presumptions sure are good news for the worker. According to section 28, the latter will be spared from having to prove the existence of an actual work-related accident the moment the three (3) facts below are established:
1. The worker sustained an injury
2. in the workplace
3. while they were performing their duties
The injury
Most medical dictionaries define strictly the notion of « injury ». For instance, backbone, lumbar, and cervical sprains are all considered « injuries”, whereas algesia stemming from those injuries will be assimilated to collateral pain. Consequently, they must be assessed with great care and caution as they are not associated with an actual diagnosis.
The workplace
In order for the presumption to come into play, the injury itself (rather than the ensuing pain) must happen in the workplace.
The performance of duties
« Work » and « duties » are notions that must be interpreted loosely. « Working » means more than operating machinery within a plant. The worker assigned to delivery activities, for instance, is not attached to a fixed, permanent location. Quite to the contrary, they are actually « at work » whenever they drive a truck or hand a package to a recipient.
The employer’s rights
Understand that your employer can always try to rebut in their favor the legal presumption found in section 28. They may, for instance, argue that the accident was caused by external circumstances, or demonstrate the absence of a causal relationship between your duties and the injuries you have sustained. They cannot, however, allege that no sudden and unpredictable event has happened.
Deadlines and credibility
The passage of time is the legal presumption’s worst enemy. The longer the delays, the less credible a case becomes. So make sure that you report the work-related accident and meet with a physician as soon as possible, and that a tangible diagnosis is issued in the shortest term.
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(Nothing in the foregoing must be interpreted or construed as providing a legal opinion.)
