The Commission des normes, de l’équité, de la santé et de la sécurité du travail (formerly known as the CSST) is the body that administers the occupational health and safety plan in Québec by applying the Act respecting occupational health and safety (OHSA) and the Act respecting industrial accidents and occupational diseases (LATMP).
It is the CNESST that compensates victims of occupational accidents and diseases.
Lawyers defending victims of work-related accidents
It is wrong to believe that an accident at work must absolutely occur in the performance of the work. Indeed, the law provides that a work accident is any unforeseen event that occurs during work.
So, if you injure yourself by sliding down the steps at work, this can constitute a workplace accident within the meaning of the law.
Similarly, be aware that an injury that occurs in the workplace while you were at work is presumed to be an employment injury within the meaning of the Act.
The three legal bases for the right to compensation
- There must be an accident or an occupational disease.
- There must be harm.
- The damage must be related to the accident.
Each of these factors may be contested by the CNESST in order not to entitle you to compensation. The lawyer’s job is to have these three elements recognized.
To find out the progress of a CNESST file, click here.
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Occupational diseases and CNESST
An occupational disease is a disease that occurs during work and is directly related to the particular risks of work. It can be either physical or psychological.
Presumptions in the Act
A lawyer will be able to tell you if your illness is presumed or related to the practice of your job. When there is a presumption, there is a reversal of the burden of proof and it is the employer who must prove that the employee’s illness is not the result of the exercise of his professional activities.
Medical expertise and CNESST
Whether it is a work accident or an occupational disease, medical expertise is essential before the courts. It is therefore very important to document your file by meeting a doctor quickly following an accident or if you suspect a health problem related to your work.
The more documented your file, the better your follow-up with your doctor, the easier the causal link will be to demonstrate.
In some cases, further expertise may be required. For more information, we refer you to our page on the importance of medical expertise.
Making a claim
The two types of compensation most often seen in CNESST cases are the bodily injury indemnity and the income replacement indemnity (IRR).
If you have suffered permanent damage to your physical or psychological integrity as a result of an accident at work, you are entitled to compensation for bodily or psychological injury.
If you are the victim of an employment injury and become unable to carry on your employment because of the injury, you are entitled to an Income Replacement Indemnity (IRR).
There is also personal assistance at home that can be given to a victim who cannot take care of himself and perform his domestic tasks. The cost of adapting the house or main vehicle may also be charged in some cases.
Challenging a CNESST decision
Your incapacity may be due to a physical injury, but it may also result from a psychological injury. It is important to note that just because a situation prevailed before your employment does not mean that you are not entitled to compensation for your injury or aggravation.
Also, despite the fact that you have a pre-existing personal condition, it often happens that there is relapse, recurrence or aggravation of the damage that must be compensated.
In case of physical disability, our practice will ensure that you have all the necessary rehabilitation measures for your situation, whether physical, vocational or social rehabilitation.
In the event of a claim, we will look at the merits of the complaint and rigorously contest it.
In the event of dismissal without just and sufficient cause, we will decide together on compensation for the damage you want: reinstatement or financial compensation.
It is always best to contact a lawyer who is a member of the Bar to defend yourself. There are many organizations that represent accident victims without any legal training and without liability insurance.
Contact us now in case of dispute.
*Please note that percentage compensation is not available for CNESST files.