Workers' Compensation Claims: What About Independent Operators?

In a recent decision¹ (available in French only), the Administrative Labour Tribunal of Québec (the "Tribunal") concluded that in the absence of consideration received in exchange for work performed, a person should not be considered a "worker" within the meaning of the Act respecting industrial accidents and occupational diseases² (the "Act").

The Facts

In this case, the worker's brother owned an auto parts dismantling and cutting business. The worker had been self employed as an independent operator for several years and sometimes helped his brother with the dismantling and cutting of auto parts. It was in this context that the worker sporadically performed cutting and dismantling tasks for the business in question, a task that tragically led to his death.