Related Expertise
Employers pay insurance premiums to the Commission des normes, de l’équité, de la santé et de la sécurité du travail (the CNESST) to finance the Québec regime that compensates workers who are victims of work accidents and occupational diseases. Such workers’ employers may then have a legal interest in challenging the decisions rendered by the CNESST.
Since the Act respecting industrial accidents and occupational diseases is a piece of social legislation, the legislator foresaw the application of a presumption to make it easier, from a legal standpoint, to recognize an industrial accident on the basis of three determinations made by workers: they suffered an injury, they were in the workplace and they were working when the accident happened.
The employer may, however, challenge the CNESST’s eligibility decision regarding both the incident at cause and the consequences of the incident as described by the worker if he or she has reason to believe that the worker’s version is not sincere or that the seriousness of the injury has been amplified or is improbable from a medical standpoint.
The employer may also contest the opinion of the worker’s attending physician with respect to diagnoses, care requirements, functional limitations, permanent impairments and fitness to work.
The costs associated with a worker’s claim against the CNESST can be significant for any employer. Our specialized lawyers can certainly provide you with the assistance you need should you choose to challenge such claims.