By Me Alexandre Sigouin
We are in the middle of summer and it is time for vacation for most Quebeckers. Whether it is to meet family outside of the country, to decompress or to move outside of the country permanently, is it possible for a beneficiary of the CNESST (“Commission”) to leave Quebec for a certain amount of time?
No matter the reason to travel outside of the province for a short or long period, we must understand that certain conditions must be respected if this person wants to continue receiving indemnities from the Commission.
Obviously, considering the CNESST is the equivalent of an insurance company, it is normal that an injured worker cannot decide to take two months of vacation in Japan without informing the Commission and still hope to receive indemnities without having to deal with any issues.
Therefore, it is essential to rapidly communicate with the Commission’s agent responsible for the file to inform them that you plan on leaving Quebec. Consequently, it is strongly recommended to have the agent’s permission before leaving.
Before and after the departure, the worker has certain obligations, such as:
- Providing his address outside of the province;
- Give the contact information of the health institution he will attend;
- In certain cases, provide a medical note authorizing the departure;
- Always keep contact with the CNESST and provide the information demanded by the Commission.
Furthermore, there are other obligations. As a matter of fact, an injured worker needs to avoid putting his social or professional readaptation plan in jeopardy or to delay his healing by not receiving the prescribed treatments. He must also not miss an appointment with an expert doctor from the CNESST, the employer or the BEM, without a valid reason.
If a worker does not respect these obligations, the CNESST can suspend the indemnities according to the section 142 of the Act respecting industrial accidents and occupational diseases.
Tribunals have, however, mentioned that this action must be used with cautious and in a judicious way. Thus, there must be a serious motive that is comparable to negligence or bad faith from the worker.
Therefore, remember that it is primordial to work in collaboration with the CNESST when you plan on leaving the province temporarily or permanently.
The information contained in this newsletter may be of juridical nature, but does not constitute legal advice.