The Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST) offers different types of compensation for workplace injuries, to victims of indictable offences and to pregnant women on preventive leave.
The independent adult or family who has suffered an injury under one of the acts under the purview of the CNESST has the obligation to assert his right to compensation (see section 13.1.6).
This obligation is limited to the filing of a claim with the CNESST. If the client follows the necessary procedures and his claim is denied, he is not obligated to file an application for review.
INCOME REPLACEMENT INDEMNITY (IRI):
- Compensation for an adult’s loss of income;
- Compensation for the loss of employment income earned by a dependent child incidentally to the child’s studies.
Workers’ compensation is granted as of the 15th day of the date of the event that caused the incapacity, whereas compensation is granted as of the day of the event for victims of indictable offences. The employer compensates the worker for the first 14 days (see point 5.6.3). The indemnity is paid as long as the worker requires rehabilitation or until he is able to re-enter the workplace or an equivalent job.
Last resort financial assistance:
An indemnity for lost income is considered when it serves to compensate for the loss of income incurred by the adult on file. When it compensates the loss of amounts earned by a dependent child incidentally to the child’s studies, it is not considered for the purpose of calculating assistance.
The indemnity is considered a liquid asset when it is capitalized, and is considered as such on the date of receipt.
COMPENSATION FOR BODILY INJURY
- Compensates a worker for sustaining permanent physical or mental impairments or other inconveniences as a result of a work-related accident or disease.
Indemnities can be paid out as a lump sum or monthly benefits.
Last resort financial assistance:
The indemnity is considered a liquid asset when it is capitalized, and is considered as such on the date of receipt.
When the indemnity is paid out as monthly benefits, it is considered income as of the date of receipt. The sums paid for previous periods are considered liquid assets.
DEATH INDEMNITY
- Is paid to the spouse, dependent children, father and mother, and other persons who depended on the deceased worker for more than 50% of the cost of their needs, at the time of death.
- Can be paid out as a lump sum or monthly benefits.
Minor children are entitled to $250 per month until they reach the age of majority.
The funeral costs are reimbursed by the CNESST to the person who disbursed such costs upon proof of supporting documentation, for a maximum of $1,500 (see OTHER INDEMNITIES).
Last resort financial assistance:
Lump sum payments are considered liquid assets and are considered as such as of the date of receipt. Monthly indemnities are considered earnings and benefits and are considered for the purpose of calculating benefits.
OTHER INDEMNITIES
- Consists in the reimbursement of fees upon the presentation of supporting documentation (e.g. transportation costs, daycare fees, orthotic devices).
Last resort financial assistance:
The fees thus reimbursed by the CNESST are not considered for the purpose of calculating assistance.