Since December 4, the Commission for Standards, Equity, Health and Safety at Work (“CNESST”) has implemented a system automating the acceptance of claims for occupational injuries when the eligibility criteria of the CNESST are satisfied. This new feature applies to both work accident and occupational disease files.
Oppose via ADR
In short, if an employer does not indicate on the Employer’s Notice and Request for Reimbursement (commonly referred to as the “ADR”) that it disagrees with the worker’s version, the claim that meets the criteria will be accepted by the automatic system.
It has therefore become imperative to check the box “check if the employer’s version is different » to indicate your disagreement. A call to the general number or to the agent is no longer enough!
Moreover, for work accidents without loss of time, we recommend producing an ADR at zero dollars ($0) in order to oppose the claim when you anticipate a risk that the worker becomes incapable of carrying out his job in near future.
What to report for a work accident?
For a work accident, by checking the box “check if the employer’s version is different“, it will also be important to indicate your disagreement on the following points:
- The versions of the facts differ;
- The deadline for reporting the alleged accident to the employer;
- The time limit for consulting a health professional following the alleged accident;
- The time of appearance of symptoms following the alleged accident;
- The context surrounding the occurrence of the event (e.g.: presentation of a performance improvement plan the day before the alleged accident);
- Continuing regular work despite the presence of an alleged injury;
- The modification of the site affected by the alleged injury between the time of the declaration to the employer and the diagnosis made; And
- The presence of a symptomatic personal condition prior to the day of the event.
What about occupational illnesses?
For occupational diseases, when you disagree with the claim, it will be important to check the box “check if the employer’s version is different » and highlight the following elements:
- Any claim deadline expired due to knowledge acquired by the worker for more than six (6) months of his or her occupational illness;
- Any other employer who should be involved in the analysis of the claim;
- Any description of the facts that is inaccurate (e.g.: absence of repetitive movements as the worker alleges); And
- Any personal activity that could cause the alleged illness (e.g.: hunting in the context of deafness).
In short, you have to be proactive and no longer reactive!
Do not hesitate to contact our labor and employment law team with any questions relating to this new system.
2023-12-15 22:42:59
#Claims #professional #injuries #employers #adapt #practices
