You are entitled to an income replacement indemnity at the CNESST if you are unable to carry on your job following a work accident. This allowance corresponds to 90% of your net income. The CNESST sets maximum and minimum insurable earnings each year.
Presumption of accident at work
For an accident to be considered an accident at work, it must be an unforeseen and sudden event occurring during work. There is a presumption that is provided for by law: as soon as you are at the workplace, an accident that occurs there is presumed to be an accident at work. For example, you will benefit from the presumption in the case of an accident occurring during the time allotted to store its equipment.
On the other hand, it is wrong to believe that any accident that occurs at work is an accident at work. There are exceptional situations, such as an accident that occurred during a cigarette break. However, be aware that even in exceptional cases, the decision may vary depending on the person who decides the dispute. It is therefore important to first challenge the CNESST’s decision to preserve rights and then analyze the means of asserting its case.
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Reporting a workplace accident to your employer
If you have suffered a workplace accident, you should talk to your boss and your doctor quickly. A long delay before reporting the accident to your employer can be used against you to rebut the presumption of an accident at work. This is because the employer often uses the reporting deadline to deny the causal link and claim that you were injured outside of work.
In order to explain the deadlines, do not hesitate to take note of everything, chronologically. Among other things, don’t forget to mark the date you made an appointment with a doctor, the date you met with a doctor, how you tried to relieve your pain before making the doctor’s appointment, and the medications purchased to try to relieve the pain (as well as a copy of the bills).
End of income replacement indemnity
The income replacement indemnity ceases on the date on which the worker is declared fit to carry on his employment or to be without permanent impairment or functional limitations. If an income replacement indemnity is paid after the date on which the person is declared fit to carry on his employment, in the absence of proof of bad faith, the CNESST cannot recover the benefits paid in excess.
In the absence of consolidation, there is a presumption that the worker is unfit to carry out his employment. Sometimes the CNESST stops the income replacement indemnity because it considers that the person can return to work, despite the fact that there is no consolidation. It is important to contact a lawyer to challenge this decision and show that you are unfit to return to work.
Medical expertise and CNESST
You never know when an expertise will cause you to lose your right to your income replacement indemnity. As a result, we strongly advise you to keep money to be able to survive when benefits cease and to be able to pay for expertise. For more information on this subject, we refer you to our page on the importance of expertise.
Depression following a work accident
It is common for a worker who has to live with pain, who has had to grieve for his work or the activities he loved to do, falls into depression related to his new condition. The application for this new diagnosis is often refused by the CNESST. Do not accept this refusal, without a fight. Please note that you must contest this decision within 30 days of receipt, to preserve your rights.
If you have physical limitations, you can claim incidental expenses from the CNESST such as moving expenses or others. In addition, do not hesitate to ask for personal help at home.
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*Please note that percentage compensation is not available for CNESST files.