Introduction : The importance of knowing your rights in the event of a workplace accident in Quebec
With the increase in workplace accidents in recent months, particularly in the construction industry, it is very interesting to refresh your memory on how to manage a workplace accident in Quebec. This starts with a good understanding of employees’ rights and employers’ obligations.
It goes without saying that a workplace accident, regardless of its nature and severity, can have serious consequences. In addition to potential physical injuries, a workplace accident often leaves many psychological after-effects that follow an individual throughout their life. This is not to mention the many medical, managerial, and other expenses incurred by both the employee and the employer. In order to minimize these negative consequences, it is crucial to know how to manage a work accident well, and therefore to know your rights and obligations. This way, you can minimize the financial, reputational and personal impact of a workplace accident. This article will explain what a workplace accident is, how to manage a workplace accident as an employee and employer, and the rights and obligations of the employee and the employer.
What is a workplace accident in Quebec?
According to Quebec civil law, a workplace accident is an accidental event that occurs unexpectedly or suddenly that has caused a work-related injury known as an “employment injury” diagnosed by a health professional. The accident must occur in the workplace or when the worker performs tasks related to his or her work, i.e. usual tasks provided for in his or her employment contract or tasks other than those that he or she usually does but that are still work-related. For example, a mechanic who is injured after slipping on the garage floor while assisting his colleague with cleaning can satisfy this legal definition just as much as if he had been injured while inspecting the body of a vehicle, even if the first task is not a task he usually performed at work .
Work accident reporting: Steps to report a workplace accident
As soon as a workplace accident occurs, the first and crucial step for the employee is to report the workplace accident to their employer. This report may be made in writing indicating the nature and circumstances of the accident. The accident may be reported to the employee’s immediate supervisor, or to any other representative of the employer before leaving the workplace . In all cases, the employer has certain obligations following the accident. In order to give the employer the chance to fulfill his obligations, he must obviously be made aware of the situation!
To minimize potential conflicts and provide proof for your file, it is very likely that you will need to consult a health professional. The latter will establish your date for your return to work and give you a medical certificate. This will serve as the basis for your claim and return-to-work plan. If you are unable to return to work the day after the accident, you must give this medical certificate to your employer.
After that, it’s the employer’s turn. The employer must pay you the net salary for the part of your shift or workday missed because of the occupational accident. In addition, the employer will have to pay you 90% of your net salary for the days you would normally have worked, regardless of the day of the workplace accident, for the following two weeks, or until your return if it is done within the following two weeks. This is called the income replacement indemnity for the first 14 days. If you are still unable to work after these two weeks of recovery, you will then have to apply for a “worker’s claim” to the Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST). The latter, after studying your file, will determine your right to receive any compensation to compensate for your lost salary and will assess the after-effects and other damages to be compensated.
Employee rights: What employees need to know about work-related accidents
Of course, employees who are victims of workplace accidents have certain key rights which employers cannot deviate from. First, an employer cannot fire you because you are the victim of a workplace accident . Second, you will have the right to return to your job as soon as the health professional gives you the green light. In the event that your injury prevents you from working in the same position, your employer must offer you an equivalent or otherwise suitable job.
As previously mentioned, it is also crucial to remember that the employee who is the victim of a work-related accident will be paid, even if he or she can no longer work. In the first two weeks after the accident, the employer is obligated to pay you 90% of your net salary for the days you would normally have worked, excluding the day of the accident . Should your absence lasts beyond the two-week period, the CNESST will take charge of the compensation once you have filed a claim with them.
Compensation and medical care: compensation process and entitlements
The counterpart of employees’ rights are the legal obligations of employers.
Depending on the nature of the workplace accident, it is quite possible that the employee will need some medical attention, sometimes even emergency medical care. Obviously, the quantity and intensity of these will vary depending on the nature of the work accident.
First, as soon as the accident occurs, the employer must provide first aid and transport the employee, at his or her own expense, to his or her home, to the hospital or to the doctor of his or her choice. Second, the employer will have to register the event in the Accident, Incident and First Aid Register , a tool for tracking workplace accidents. As a preventive measure, the CNESST recommends that the event be entered in the Accident, Incident and First Aid Registry, even if there was no work injury.
Employers’ Obligations: Legal Responsibilities of Employers
Once the employee is safe and the event is recorded, the employer will need to prepare compensation and a plan for the employee’s return to work. Thus, the employer will have to pay the salary for the day or part of the day that the employee was absent due to the incident. Then, during the first 14 days of the worker’s absence, the employer will have to pay the income replacement indemnity. The employer must then send the “Employer’s Notice and Request for Reimbursement” (ADR) document to the CNESST , under which the CNESST will be able to reimburse the employer for the amounts paid during the first 14 days.
Finally, once the employee has recovered and is ready to return to work, the employer will need to follow up with the employee to ensure that the employee’s return to work will be carried out properly.
Prevention: Good practices to prevent workplace accidents
As you will have understood from the previous lines, a work accident can have great repercussions for both the employee and his employer! It is therefore in the interest of all parties concerned to prevent and ensure the sound management of workplace accidents.
Contrary to popular belief, the prevention of workplace accidents is not only the responsibility of the employer, but also the responsibility of the employee to ensure that all precautions are taken to avoid such accidents. For example, the employee must ensure that they perform the work as they have been taught, that they do so while wearing protective equipment if necessary, and that they use the right tools. It is crucial for the employee to comply with these obligations and not be negligent because otherwise, a certain incident could not be considered a work accident .
In return, the employer must also ensure that the workplace is safe. To do this, various measures must be put in place. For example, the employer must ensure that all employees have access to the tools and/or protection necessary to perform their work. He must also ensure that his employees are adequately trained to perform the work required. Moreover, training in the prevention of occupational accidents has become commonplace in the workplace and this practice can help prevent certain disasters.
Conclusion
It is well accepted that a workplace accident is not a minor event, and that such an incident can not only have very long-term physical repercussions, but also mental repercussions in some cases. With this in mind, all Quebec workers and employers should be aware of their rights and obligations if such an event occurs. Knowing the legal framework that governs such a situation can help minimize stress.
If you are the victim of a work accident, or if one of your employees suffers a work accident, you will need to know your rights and obligations to correctly manage the case and avoid legal and financial complications. To be sure that you have done nothing wrong, it may be wise to consult a lawyer specializing in employment law. By calling a law firm like Boavista Legal Services, you can count on employment lawyers, who will be able to support you throughout the process. To get in touch with one of our lawyers: contact us now! To learn more about our employment law services, visit our Boavista – Employment Law page.
The purpose of this article is to inform and raise public awareness of legal issues. The legal information in this article is provided for informational purposes only and is likely to vary significantly over time and according to the precise facts of each situation. This article is not a substitute for a lawyer’s legal opinion and does not engage the liability of Boavista Legal Services Inc., its lawyers, articling students, employees, successors, partners and subcontractors.
[1] Loi sur les accidents du travail et les maladies professionnelles, chapitre A-3.001, https://www.legisquebec.gouv.qc.ca/fr/document/lc/a-3.001, article 28 (« LATMP »)
[2] Commission des normes, de l’équité, de la santé et de la sécurité du travail (« CNESST »). « Accident du travail », [s.d.], https://www.cnesst.gouv.qc.ca/fr/definition/accident-travail
[3] LATMP, https://www.legisquebec.gouv.qc.ca/fr/document/lc/a-3.001, article 265
[4] CNESST, « réclamation du travailleur », [s.d.], https://www.cnesst.gouv.qc.ca/fr/organisation/documentation/formulaires-publications/reclamation-travailleur
[5] LATMP, https://www.legisquebec.gouv.qc.ca/fr/document/lc/a-3.001, article 32
[6] LATMP, https://www.legisquebec.gouv.qc.ca/fr/document/lc/a-3.001, article 60
[7] CNESST, « Registre d’accidents, d’incidents et de premiers secours », [s.d.], https://www.cnesst.gouv.qc.ca/fr/prevention-securite/secourisme-en-milieu-travail/registre-daccidents-dincidents-premiers-secours
[8] CNESST. « Avis de l’employeur et demande de remboursement » (ADR) , [s.d.], https://www.cnesst.gouv.qc.ca/fr/organisation/documentation/formulaires-publications/avis-lemployeur-demande-remboursement-adr-accident
[9] LATMP, https://www.legisquebec.gouv.qc.ca/fr/document/lc/a-3.001, article 2
