Here are the different steps in the progress of your CNESST file.
Claim for compensation from the CNESST
You must submit a claim or a request for relapse, recurrence or aggravation to the CNESST each time you have a new diagnosis or new symptoms appear. This can be as commonplace as increasing the dose of a medication you are taking.
Please note that it is important to respect the 6-month deadline to submit this application.
Subsequently, the CNESST will make a decision, whether in relation to:
- Compensation for bodily injury or psychological injury;
- Income Replacement Indemnity (IRR);
- The ability to work or return to work;
- A situation of relapse, recurrence or aggravation;
- Rehabilitation treatments;
It is important to contact a lawyer immediately as soon as you disagree with a CNESST decision to preserve your rights.
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Application for administrative review at the CNESST
The CNESST’s request for review is not a procedure to be taken lightly. Your file must be ready to raise all your arguments. Similarly, you must establish your entitlement to the benefit to have a chance of winning. It is not enough just to challenge; you must legally make your point of view.
It is useless to raise in revision how much pain you are, since this is a subjective opinion of your pain.
It will be necessary to document your file and establish the link between your pain and all the medical reports that constitute objective evidence.
Often, a counter-expertise will be required and it will be necessary to call on an independent specialist.
Recourse to the Administrative Labour Tribunal
If you are not fully satisfied with the CNESST’s review decision, a challenge to the Administrative Labour Tribunal is possible.
Our firm will represent you and prepare your file for the entire judicial process. We will establish a strategy with you from the beginning of the case so that you have compensation commensurate with your damage.
For more information, we refer you to the administrative pyramid that can be found on our page on the progress of a SAAQ file.
Please note that the pyramid was designed for SAAQ files, but the steps for challenging an administrative file are always the same.