Health and safety

If the CNESST denies your claim, do not assume that you have exhausted all your options.

Depending on the circumstances, you may be able to request a review of the decision or appeal it.

Your union representative can help you understand the reasons for the decision, assess the options available to you, and assist you throughout the process if appropriate.

Because strict time limits apply, it is important to contact your union as soon as possible after receiving the decision.

Yes. You have the right to choose the healthcare professional who will oversee your treatment following a workplace accident or an occupational disease.

You are not required to consult a healthcare professional recommended by your employer. The healthcare professional you choose will assess your condition, determine the treatment you need, and, if necessary, establish your functional limitations and your ability to return to work.

If your employer or the CNESST requests an independent medical assessment, you still have the right to continue receiving care from the healthcare professional of your choice.

If you have any questions about your rights or your medical care, please contact your union representative.

If your work-related injury or occupational disease is recognized by the CNESST, you may be entitled to:

• Reimbursement of certain healthcare and treatment expenses
• Income replacement benefits if you are unable to work
• Rehabilitation measures to support your recovery and return to work
• Job protection, subject to the conditions set out by law

If you have any questions about your rights or the steps you need to take, do not hesitate to contact your union representative.

If your workplace accident or occupational disease results in time away from work or requires medical treatment, you will generally need to file a claim with the CNESST.

To do so, you should:

• Notify your employer as soon as possible
• Consult a healthcare professional to obtain the required medical certificate
• Complete and submit the Worker’s Claim form within the time limits established by law

Your union representative can assist you throughout this process.

A temporary assignment allows an injured worker to return to work before fully recovering, provided their medical condition allows it.

The employer may offer temporary duties that are compatible with the worker’s functional limitations as determined by their healthcare professional. These duties must be approved in accordance with the requirements set out by law.

The goal of a temporary assignment is to support a safe return to work while allowing the worker to continue recovering.

If your workplace accident or occupational disease is recognized by the CNESST, you may be entitled to income replacement benefits.

As a general rule, your employer pays 90% of your net wages for the first 14 days following the start of your disability.

If your absence extends beyond that period, the CNESST generally assumes responsibility and pays the benefits to which you are entitled directly.

Some collective agreements may also provide additional benefits.

If you are injured in a workplace accident, it is important to act promptly.

• Notify your employer as soon as possible
• Seek medical attention if your condition requires it
• Provide your employer with any relevant medical documentation
• Keep all documents related to your injury
• Contact your union representative for advice and support

If your injury results in time away from work or requires medical treatment, you must also file a claim with Québec’s CNESST within the time limits established by law.

The right to refuse unsafe work allows a worker to refuse to perform a task when they have reasonable grounds to believe that it poses a danger to their health, safety, or physical well-being, or that it would expose another person to a similar danger.

Before exercising this right, the worker must immediately notify their supervisor. The situation will then be assessed in accordance with the procedures set out in Québec’s Act respecting occupational health and safety (AOHS), in collaboration with the individuals concerned.

The right to refuse is governed by law and does not apply in every situation. Certain exceptions exist, including when exercising the right would immediately endanger another person’s life, health, safety, or physical well-being, or when the hazardous conditions are considered a normal part of the worker’s job.

An occupational disease is a disease contracted as a result of or in the course of employment. It generally results from prolonged or repeated exposure to hazards present in the workplace.

It may be caused, for example, by exposure to excessive noise, chemicals, dust, vibrations, biological agents, or by repeatedly performing certain movements or tasks.

Each case is assessed according to the criteria set out by law to determine whether the disease is work-related and whether it qualifies as an occupational disease.

A workplace accident is an unforeseen and sudden event that arises out of or in the course of employment and results in a work-related injury.

Examples include a fall, an awkward movement, a cut, being struck by equipment, or any other event that occurs while performing work duties and causes an injury.

When an accident is recognized as being work-related, the worker may be entitled to the protections, benefits, and services provided under Québec’s Act respecting industrial accidents and occupational diseases (AIAOD).