You believe that you have sustained a work-related injury or an occupational disease but are unsure as to whether or not you should claim benefits from the CNESST? Rest assured: many people are in the same situation.
Knowing exactly what a work-related accident is or where the workplace actually begins and ends may prove rather tricky – which is why the Act respecting industrial accidents and occupational diseases was adopted and implemented.
When it comes to the definition of « work-related accident », however, one must rely on the Act respecting industrial accidents and occupational diseases.
Section 2 of the Act divides the notion in three (3) separate components:
1. A sudden and unforeseen event (whatever its cause may be)
2. which impacts an individual who at the time is carrying out their duties
3. and causes said individual to suffer one or more injuries
During its assessment of a particular claim, the CNESST may challenge the existence of either one of those three (3) components.
The employer (who may wish to dispute the fact that a work-related accident actually occurred) may also question the existence of either component.
Despite the fact that the Act contains several provisions focused on interpretation, no two cases are alike and rulings are likely to differ from one another. To make matters even more complicated, some victims may have at their disposal specific remedies they believe are inappropriate to begin with.
As the old saying goes, « knowledge is power ». Before you take any decision, consult one of our experts – free of charge!
(Nothing in the foregoing must be interpreted or construed as providing a legal opinion.)
