In the event of a relapse, recurrence or worsening of your physical or psychological condition, it is necessary to reassess your permanent impairment.
The role of medical expertise
The more well documented your file from the outset, the easier it will be to demonstrate a situation of relapse, recurrence or aggravation. It is important to ask your doctor to write a progress report whenever there is a new diagnosis, an increase in the dose of your medications, or other.
In some cases, a medical evaluation by a specialist may become necessary.
Limitation periods and CNESST
In cases of relapse, recurrence or aggravation, particular attention must be paid to the deadline, because you have six months to submit an application to the CNESST. This period is calculated from the moment there is information in the file that makes it possible to detect that there has been a relapse, recurrence or worsening of your physical condition.
If you exceed the six-month period, your application will be refused by the CNESST, because the latter will consider that you have exercised your rights after the deadline.
Even if you find yourself in such a situation, we strongly advise you to submit a request for relapse, recurrence or aggravation as soon as possible. Unfortunately, we see a lot of people letting the claim period go by while waiting for medical documents.
It is better to provide the confirmatory documents of your state of health once the file has already been contested, in order to preserve your rights. It is not pleasant to lose your rights for a question of deadlines. The battle will be twice as long if your request is made outside the legal period of six months. Indeed, even before explaining or demonstrating that you are in a situation of relapse, recidivism or aggravation, it will be necessary to show that you had a valid reason for not having submitted your application on time.
If you are nevertheless in a situation of out of time, know that there are ways to contest the refusal of your application by the CNESST.
Contact us in case of dispute.
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*Please note that percentage compensation is not available for CNESST files.