Share on LinkedInShare on LinkedIn

ARTICLE · 27 FEBRUARY 2017

Employment Injuries: Is The Workers' Compensation Board The Only Recourse?

Langlois Avocats
Explore more from Langlois Avocats

In Quebec, no fewer than 224 workers are injured every day on average in a multitude of different situations

CanadaEmployment and HR
Jean-François Gagnon
Jean-François Gagnon
Author LinkedIn connections

1) INTRODUCTION

In Quebec, no fewer than 224 workers are injured every day on average1 in a multitude of different situations: a teacher is physically assaulted by a student; a newspaper deliverer suffers a fall in the poorly maintained entranceway of a customer; a construction worker is injured due to a crane operator's negligence; a receptionist is harassed by her boss.

It is easy to envision that an injured worker can seek compensation from Quebec's workers' compensation board, the Commission des normes, de l'équité, de la santé et de la sécurité du travail ("CNESST"). But can the worker also sue the person responsible for his or her injuries in court, for damages? Can the worker do both?

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Tariffs, Terminations And EI: Implications Of Canada’s New Support Package For Employers

Canada's federal government has announced a $3.5 billion rapid response support package in anticipation of retaliatory tariffs against the United States, introducing new temporary employment insurance measures and workforce retention programs. The package extends EI benefits, waives waiting periods, and creates funding opportunities for employers to retain and retrain workers rather than implement large-scale layoffs.
CanadaEmployment and HR
Siskinds LLP
Siskinds LLP
Article

Silva v. Royal Bank Of Canada: A Cautionary Tale About Terminating For Cause

A financial planner's wrongful dismissal case against RBC resulted in over $2.5 million in damages after the bank filed an inaccurate termination notice that destroyed her career prospects. The Ontario Superior Court found the bank's conduct vindictive and its allegations of cause unproven, raising critical questions about employer obligations when reporting terminations in the investment industry.
CanadaEmployment and HR
Affleck Greene McMurtry LLP
Affleck Greene McMurtry LLP
Article

Unsubstantiated Findings In Workplace Investigations: What To Do When You Can’t Decide

When workplace investigators face difficult decisions, many default to marking allegations as "unsubstantiated" to avoid risk. However, this seemingly safe approach carries significant organizational costs, undermines complainant trust, and often stems from insufficient training in credibility assessment and the balance of probabilities standard.
CanadaEmployment and HR
RT Workplace Training & Consulting Inc.
RT Workplace Training & Consulting Inc.
Article

Access To Information: The Court Of Québec Rules On The Scope Of Section 22 Of The Access Act

The Court of Québec has clarified the interpretation of section 22 of Quebec's Access to Information Act, determining that public bodies need not prove "economic loss" when refusing document disclosure. The ruling addresses whether universities and other public institutions can withhold pedagogical materials and technical information when disclosure might cause losses or benefit third parties, establishing a new standard for applying access to information exceptions.
CanadaGovernment, Public Sector
Langlois Avocats
Langlois Avocats