IVAC Lawyers

If you are a victim of a crime (physical, sexual or other assault), it is necessary to submit a claim to the IVAC.

Similarly, relatives of a victim or witnesses to a crime who have physical or psychological consequences resulting from the crime may be entitled to compensation and to the services provided for in the Act.

In the event of death, dependents may make a claim for compensation as a dependant of the deceased.

Find out what crimes are covered by the IVAC.

A separate procedure from a complaint to the police

It should be noted that you do not have to file a complaint with the police to be compensated. In addition, if there is a complaint, compensation does not depend on the guilt of the aggressor; you may be entitled to compensation even if the latter is acquitted following a criminal trial.

You can also sue your aggressor civilly, as the criminal proceedings are not the same as they are at the civil level. For more information, see our page on criminal liability.

Challenging an IVAC decision

The grounds for challenging an IVAC decision can be numerous.

Here are some frequent cases encountered by our clients in IVAC cases:

• Refusal or cessation of payment of compensation
  • Temporary Total Incapacity Benefit
  • Permanent Incapacity Allowance
  • Relapse, recurrence or aggravation
• Return to work (assessment of inability to return to work)
  • Person with a job
  • Unemployed person
  • Self-employed person
• Rehabilitation costs
• Fault or negligence of the victim
  • Gross negligence
  • Limitation period (dispute after the deadline)

Progress of an IVAC file

Since the IVAC is an entity that reports to the Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST), to submit a claim for benefits to the IVAC, you must send the application to a CNESST office.

We strongly advise you to keep a stamped copy of each document you send to IVAC in order to keep them as proof. Indeed, there are important deadlines to respect in the submission of a request for benefits to the IVAC and it is important to keep proof that you have done your steps within the legal deadlines.

Each IVAC decision is questionable by requesting an administrative review, which is a challenge to the original decision. The administrative review is done within thirty (30) or ninety (90) days from the date of the initial decision. It is important to refer to what is written on the decision, as each decision indicates the right to review as well as the time limit for exercising the review.

If you are dissatisfied with the reconsideration decision, you can contest it before the Administrative Tribunal of Québec.

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.

Complaint to the CNESST or the IVAC

If the event occurs during work, we refer you to our CNESST section, as you will normally have to submit a claim for an accident that occurred during work.

Claim to the SAAQ or IVAC

If you are the victim of a criminal act related to a car, you have two options: make a claim to the SAAQ or make a claim to the IVAC.

In such a situation, we strongly advise you to opt for the first option, for several reasons.

First, it is easier to make a claim to the SAAQ because of the quality of the management of their files. Indeed, the SAAQ is more accessible and gives a better follow-up of file. The SAAQ normally renders a decision within ninety (90) days of the request for review, while it is sometimes very difficult to have a good follow-up of files with the IVAC. In addition, the SAAQ systematically sends a copy of the decisions to the lawyer so that he can ensure that your rights are protected, a procedure that is not used by the IVAC.

Second, the limitation period at the SAAQ is more advantageous for victims. It is 3 years at the SAAQ, unlike 2 years at the IVAC.

Submit a claim to IVAC

Do not hesitate to make your claim request to the IVAC. In case of doubt, it is best to submit a request to IVAC to preserve your rights.

As soon as there is a refusal on the part of the IVAC or you disagree with their decision, contact us. We will help you recognize your status as a victim and assert your right to compensation.