An employer has no obligation to direct an employee to the CSST

Release date: February 2, 2016

An employee challenged the CSST’s decision stating the deadline for her claim for a herniated disk was past. She had sustained a fall at the employer’s premises in 2003. The employer then covered the ambulance costs and her salary during her one-week absence, since no medical certificate or claim had been sent to the CSST. To justify her non-observance of the allowed 6-month period to submit a claim after the injury, she alleged that the employer knew of the accident and should have directed her to the CSST. According to the CLP, the obligation to submit a claim rests with the employee, and the employer’s duty to assist in writing such claim does not include directing an employee to the CSST. The fact that she fulfilled her obligation to report an accident to the employer did not exempt her from submitting a claim to the CSST within the legal deadline. The claim was inadmissible.

Béland v. Corporation de développement commercial de Sherbrooke 2015 QCCLP 1967, Mr. Michel Claude Gagnon


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