Civil action for a work accident

In the event of a workplace accident, the Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST) compensates the victims.

However, can you also bring a civil liability action in the context of a workplace accident?

Recourse against a third party

First of all, it is permissible to sue a third party who has committed a fault, even in the context of a work accident. This is the type of file that our office takes at a percentage.

Thus, our firm sued a third party in which our client had a work accident. While carrying out construction work, the staircase collapsed under his feet, seriously injuring him.

In this case, our client was compensated by the CNESST, because the accident happened in the course of his work. On the other hand, this did not prevent our office from claiming more than half a million from the owner of the building following the ruin of the building.

Civil recourse following recourse to the CNESST

In the context of a work accident involving a third party, there is the possibility of choosing between a claim to the CNESST and a civil liability action.

We will not discuss this aspect in the article, because in many cases, it is easier to opt for compensation by the CNESST. Indeed, a civil action is often very long. On the other hand, please note that the option must be made within 6 months of the work accident.

Our recommendation – and where our office intervenes – is that it is possible to claim for the surplus that is not compensated by the CNESST. Thus, in the file mentioned above, our office claimed more than half a million for the surplus that was not covered by the CNESST. Our office also sued the City of Montreal for over a million dollars under the same legal principles.

Example of a civil lawsuit

Here is a fictitious example to illustrate our scenario: Jean slips on a patch of ice on his way to a customer’s house.

Following his recourse to the CNESST for income replacement indemnity, Jean is entitled to 90% of his salary. As for the surplus of 10%, it may be claimed from the third party. If Jean is no longer able to perform the same job, the amount of the loss can be counted until the presumed retirement age.

It is now necessary to do this exercise for the physical and psychological sequelae.

You have to look at the value of the lost pension fund as well as the lost benefits, such as insurance.

We remind you that you must always return to the basic principle of civil liability to be able to sue, namely: fault, damage and causation.

Sue your employer

The Act respecting industrial accidents and occupational diseases provides that civil proceedings against the employer because of an employment injury are not possible.

On the other hand, if the fault is committed by an employer other than that of the injured worker, there may be a lawsuit against this third party.

Prosecuting a co-worker

The Act also provides that an employee may not sue his or her co-worker for a work-related accident.

It should be noted that there may be exceptions. For example, it is permissible to sue a co-worker in the case of defamation.

It is therefore important to consult a lawyer if necessary for the assessment on a case-by-case basis, as this article is intended to be a general article setting out the general principles.