Work-related Injury Claims: Employers Must Update their Practices!

On December 4, 2023, the Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST) implemented an automated system to accept employment injury claims that meet the CNESST’s eligibility criteria. This new feature applies both to work-related accidents and occupational illnesses.

Opposing Claims using the Employer’s Notice and Claim for Reimbursement

In short, if an employer does not indicate on the Employer’s notice and claim for reimbursement (known in French as the ADR) that it disagrees with its employee’s version, the claim that meets the criteria is accepted by the automated system.

Hence, it is now imperative for employers to check the appropriate box to indicate that their version of events is different, thereby signalling their disagreement with the claim. A call to the general telephone number or the agent is no longer enough!

In addition, for work-related accidents with no loss of time, filing a zero-dollar ($0) ADR should be done to oppose the claim whenever it is foreseeable that the worker will be unable to work in the near future.

What to Report in the Event of a Work-related Accident

In the event of a work-related accident, it is also important to state your disagreement with the points listed below by checking the box that indicates that the employer’s version is different:

• Differing versions of the facts
• The length of time for reporting the alleged accident to the employer
• The time taken to consult a healthcare professional following the alleged accident
• The timing of the onset of symptoms following the alleged accident
• The circumstances surrounding the occurrence of the event (for example, presentation of a performance improvement plan the day before the alleged accident)
• Continuing to work regularly despite an alleged injury
• Changes to the site of the alleged injury between the time of reporting to the employer and the time of diagnosis
• The presence of a symptomatic personal condition before the event took place

What about Occupational Illnesses?

In the event of occupational illnesses, when you disagree with the claim, it is important to check the box that indicates that the employer’s version is different. You also need to call attention to the following points:

• Any claim period that has expired due to the employee’s knowledge of the occupational illness for more than six (6) months
• Any other employer who should be involved in assessing the claim
• Any description of the facts that is inaccurate (for example, the lack of repetitive movements despite the worker’s claiming their existence)
• Any personal activity that may cause the alleged illness (for example, hunting in the case of deafness)

The bottom line is that you need to be proactive rather than reactive!

Please feel free to contact our Labour and Employment Law team with any questions you may have about this new system.