In general, no. In Quebec, workers are automatically insured and don’t pay anything in the event of a workplace accident or occupational disease. But domestic workers, self-employed workers and employers must register with the Commission de la santé et de la sécurité du travail (CSST) to be eligible to receive an indemnity.

The answer depends on the facts of your case. In general, there are three points that will help decide if the event leading to your injury or illness is a workplace accident under the law:

• The event has to be “accidental”, meaning it happens suddenly and unpredictably.
  
• The event must have caused the injury or illness that you are suffering.
  
• The event must be directly related to work activities – or it must have happened while you were under the supervision, subordination or control of the employer.

For example, Milla and her co-workers must eat lunch in the cafeteria. They stay “on call” during lunch in case their employer needs them, and they cannot leave without permission. Milla twists her ankle on her way up the stairs after lunch. Though she wasn’t injured while doing a work task, Milla may still be able to receive compensation. This is because she was under the supervision of her employer at the time of the injury. Milla calls the CSST to find out more about her case.

Remember that the employer may disagree with the facts surrounding the injury. Milla’s boss could deny that employees are on call during lunch, for example. If he does, then it is up to him to prove his version of the story. Both Milla and her employer can have witnesses confirm their side of the story.

Your employer cannot fire, suspend or impose any discriminatory measure on you for performing your functions as the safety representative. If this happens, you can file a grievance (if you are unionized) or you can file a complaint with the CSST within 30 days.

The employer who commits this kind of offence may have to pay a fine.

No. To be compensated, you have to go through the CSST. If your complaint is well-founded, the Commission will pay you an indemnity, whether your employer committed a fault or not. The system is similar to the one that governs automobile insurance in Quebec.

You can contest it by applying for a review of the decision at the CSST office in your region. You have 30 days from the time you receive the decision to ask for the review and make your arguments.

In some cases, the time limit for review is shorter. If the decision to be contested was made after an inspection, if it involves the exercise of the right to refuse unsafe work, or if it involves the protective reassignment of a pregnant or nursing mother, the time limit is 10 days.

The CSST makes a second decision after the review. If again you are dissatisfied, you can contest it before the Commission des lésions professionnelles (CLP), within 45 days.

The law obliges you to give any information that the CSST inspector needs for the investigation.

If you help to hide information, you can be prosecuted for an offence under the Act respecting industrial accidents and occupational diseases.

However, if you show that you hid the information against your will, following formal and strict directions by your employer, it is possible that you will not be held responsible.

Yes. Your employer can have you undergo additional medical exams, by the doctor of his choice. He must give you the reasons for asking this, and he must pay the cost. If the second diagnosis is different from your own doctor’s findings, your employer can contest the conclusions of your doctor.

First of all, your employer must make sure that a minimum number of qualified first-aid workers are present all the time during working hours. Your employer must pay for the training of the first-aid workers. Therefore, someone at work must be able to give you first aid.

If necessary, your employer must take you (or have someone else take you) to the hospital or your home, at his expense. Your employer must pay you your complete salary for the day of the accident, and for 14 days afterward he must pay you 90% of your net salary.

If you or another person make a formal complaint, the person may face criminal charges.

Any person who oversees a job or task must take necessary measures to avoid injury to others. If he neglects to do this, and if he demonstrates unreasonable or reckless indifference for the safety of others, he may be charged with criminal negligence.