Following your claim for compensation, the Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST) can make a decision on suitable employment and the class of your injuries to determine your ability to return to work.
Consolidation of the lesion and CNESST
The CNESST can determine suitable employment if you are unable to return to your job due to a work accident or an occupational disease. Suitable employment must take into account your physical or mental condition, as well as your socio-professional characteristics.
The determination of suitable employment should not be overlooked. Indeed, it often happens that a client does not contest this decision of the CNESST and realizes that he is not fit to occupy the job determined only when he tries to start working again.
Therefore, it is important to challenge the CNESST’s decision if you feel that you will not be able to occupy it. We see far too many victims of accidents at work or occupational diseases ending up on social assistance.
The ability to work full-time may also be contested.
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Severity class determined by the CNESST
The severity class of your injuries can have a major impact on determining your ability to return to work or your ability to perform the specified job. Each job has physical requirements, an evaluation by an expert is desirable to ensure that you are fully fit to perform the job you held or that determined by the CNESST.
You may also be in a situation of relapse, recurrence or aggravation of an injury already recognized by the CNESST, but this situation is contested by the CNESST or by your employer. It is important to know that a relapse can be physical or psychological, and that it can occur at any time; during convalescence or when returning to work.
In situations of relapse, recurrence or aggravation, medical follow-up and, if necessary, an expert report from a specialist are very important, because the burden lies with the applicant to prove it. For more information on this, see our page on the importance of expertise.
Contact us now to contest the CNESST’s decision regarding suitable employment or severity class.
Read also…
- Progress of a CNESST file
- Lawyer CNESST
- Income replacement indemnity at the CNESST
- Our firm
- Percentage avocado
*Please note that percentage compensation is not available for CNESST files.