23 October 2016
When all goes well, a worker who suffers a work accident or occupational disease forwards his claim to the CNESST. The latter recognizes the accident and compensates the worker and there is no dispute.
Unfortunately, too often it is not so simple. For various reasons the CNESST might refuse the claim or the employer challenges the CNESST’s decision because it was in the worker’s favour. Whether it is the worker or the employer that challenges the CNESST’s decision, a case will have to be made to the administrative review service of the CNESST. If the review service’s decision is also contested– by the worker or the employer– it goes before the TAT Health and Safety Division (Administrative Labour Tribunal) to make the case. Before the TAT, you will probably face the employer’s representative. In such cases we discuss strategy, proof, interrogations, rules, etc.
Also, in almost all cases, a TAT arbitrator attempts to settle the matter amicably without the need for a hearing. How to tell if a proposed settlement is acceptable given your record; especially to ensure you won’t be discriminated against in the future in case of another accident or in the case of a relapse or aggravation?
Representatives of the SEU 800 are competent to act as prosecutors before the TAT and advise you during arbitration. Some of our representatives are even specialized in the field of work accidents and diseases; As such, they act as technical and professional support for other union representatives and they plead themselves for certain cases.