Injured on the job
An industrial accident is an unforeseen and sudden event that occurs as a result of or in the course of work, resulting in injury. The mere onset of pain while at work does not automatically constitute an occupational injury.
If an employee is injured on the job, they must:
1 – Notify their supervisor or an employer representative as soon as possible;
2 – Immediately consult an attending health care professional to receive appropriate medical care and request a medical certificate;
3 – Follow the instructions of the attending health care professional, including the return-to-work date, if applicable;
4 – Send a copy of the medical certificate to their employer;
5 – Complete a worker’s claim form to obtain reimbursement for certain expenses, and to claim benefits if they are absent from work for more than 14 days or if medical care or treatment is required;
6 – Undergo any medical examinations recommended by the attending health professional;
7 – Follow all prescribed treatments;
8 – Attend any medical evaluations required by the CNESST or the employer;
9 – Notify the CNESST of any change in their medical condition.
- The worker has six months to file a claim. In the case of an occupational injury resulting from sexual violence, they have two years to file a claim.
- Workers have the right to choose their health care professional and the facility where they
- The worker has the right to return to their job or an equivalent position as soon as they are declared fit to work. To facilitate their return-to-work process, the employer may temporarily assign them to a different job, offer rehabilitation measures, etc.
- The employer cannot refuse to reinstate an employee, impose a sanction, disciplinary measures, or reprisals if they have suffered a work-related accident or exercised their rights.
The worker’s right of refusal
In certain cases, the worker has the right to refuse a request from their employer:
- The right to refuse to perform a task, if they feel that this task poses a danger to their safety or that of others;
- The right to refuse to work more than 50 hours per week, more than 14 hours a day, 2 hours over and above their usual daily schedule, or when they have not been informed at least 5 days in advance that overtime would be required.
Note that in both cases, there are exceptions.
Believes they have an occupational disease
An occupational disease is an illness caused by work, either by the work environment (for example, exposure to noise) or by the tasks performed (for example, repetitive movements over a long period with very short recovery times).
If an employee believes they are suffering from an occupational disease, they must:
1 – Consult their attending health care professional and obtain a medical certificate;
2 – Notify their supervisor or an employer representative as soon as possible and provide a copy of the medical certificate;
3 – Complete a worker’s claim form along with the relevant annex that corresponds to their medical situation;
4 – Undergo all requested medical examinations;
5 – Follow all prescribed treatments provided by their attending health care professional;
6 – Attend any medical evaluations required by the CNESST or the employer;
7 – Follow the procedure established by the CNESST.
The CNESST offers a free Prevention Squad service (Escouade prévention) for temporary foreign workers (TFWs). These squads visit workplaces with a dual purpose:
- To inform and raise awareness among TFWs about their rights and obligations in the workplace;
- To advise and support employers of TFWs by informing them of their own rights and responsibilities.
Information sessions last 60 minutes and are available in French, English, or Spanish.
