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Health and Safety at Work: Your Rights
The Act respecting industrial accidents and occupational diseases allows workers to receive compensation for accidents at work or diseases caused by workplace conditions. But sometimes the rights of workers are not respected.

In this Infosheet, Éducaloi explains the rights of employees and obligations of employers regarding workplace accidents and occupational diseases.
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 (for example, nannies), self-employed workers and employers must register with the Commission de la santé et de la sécurité du travail (CSST) to be eligible for compensation.
The answer depends on the facts of your case. In general, there are three factors that will be looked at to decide if your injury or illness is a workplace accident under the law:

  • The event must be “accidental”, which means it happens suddenly and unpredictably.
  • The event must have been the cause of the injury or illness.
  • The event must be directly related to your work activities, or it must have happened while you were under the supervision 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. Even though she wasn’t injured 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 what she can do.

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 ask witnesses confirm their side of the story.
Your employer cannot fire, suspend or treat you differently for performing your duties as the safety representative. If this happens, you can file a complaint under your union agreement (if you are unionized) or with the CSST within 30 days.

The employer who breaks this rule may have to pay a fine.
No. To be compensated, you have to go through the CSST. If your complaint is valid, the Commission will pay you compensation, whether your employer was at fault or not. This "no-fault" system is similar to the one for automobile insurance in Quebec.
You can contest it by applying for a review of the decision. You would file your request 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 you want to contest was made as a result of an inspection, if it involved the exercise of the right to refuse unsafe work or the reassignment of a pregnant or nursing mother for health reasons, the time limit is 10 days.

The CSST makes a second decision after the review. If you are dissatisfied with the second decision, you can, within 45 days, request the Commission des lésions professionnelles (CLP) to change it.
The law obliges you to hand over any information the CSST inspector needs for the investigation.

If you hide information, you can be penalized 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 you will not be held responsible.
Yes. Your employer can ask you to undergo additional medical exams by the doctor of his choice. Your employer must give you the reasons for requesting additional exams and he must pay any costs. If the second diagnosis is different from your own doctor’s findings, your employer can contest your doctor's conclusions.
First of all, your employer must make sure that a minimum number of qualified first-aid workers are present all the times during working hours. Your employer must also 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 (salary after deductions).
If you (or someone else) make a formal complaint, the person could 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 could be charged with criminal negligence.
Important
These questions and answers are for general informational purposes only. If you have a specific problem, consult a legal professionnal.
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