Foire aux questions
To ensure you receive the medical care and financial compensation you are entitled to, it is best to consult a workers’ compensation or occupational disease lawyer following the accident. A legal professional will make sure that your claim is filed correctly and will provide a full report of everything that occurred to ensure that there are no problems later down the line.
The lawyer will give you advice about your rights and inform you of the fees you could potentially claim. By working with an advisor, you will have someone to guide you through the process without making any mistakes. These mistakes could be as simple as overlooking decisions that seem trivial or making them too late.
After suffering a work accident, contact a lawyer as soon as possible.
If you are suffering from an occupational disease, it is important for your safety and well-being that sufficient action is taken. The Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST) offers support in this regard through compensation programs and rehabilitation services. These services can also include medical care if necessary!
To receive compensation for an occupational disease, you must submit a worker’s claim and a description of your symptoms within six months of your diagnosis. The CNESST will analyze the eligibility of your claim once it has been submitted, reviewing whether it meets their requirements for approval.
If you are not satisfied with the verdict rendered, you have the right to contest the CNESST’s decision with a specialized lawyer.
Decisions rendered by the Administrative Labour Tribunal and the Tribunal Administratif du Québec are final. It is irresponsible to represent yourself in front of these bodies unless you are a specialist in the domain.
Your case may seem simple to you, but you could lose everything if it is not well presented. We strongly advise you to at least take the time to speak to a lawyer before coming to a decision.
To find out how much a lawyer costs in Quebec, there are several factors to consider. There are various possible types of payment (hourly rate, percentage fee, flat rate, mixed rate). The payment structure is generally discussed during the initial meeting, after your case have been reviewed by your lawyer.
Concerning Quebec’s Automobile Insurance Act, victims can be compensated for their losses without having to file a lawsuit. However, the law prohibits them from suing the person responsible for an accident for their injuries. Although, it is important to note that lawsuits may be possible if the accident occurred outside of Quebec.
Similarly, the Act respecting work accidents and occupational diseases allows victims to be compensated without having to file a lawsuit. Consequently, you are unable to sue the employer and their employees, although you may sue somebody else who is at fault to obtain more compensation.
Our lawyers wish to offer their services to as many people as possible. We primarily specialize in defending victims of work accidents, road traffic accidents, criminal acts and disability.
We accept cases from people living in Montreal, Laval, Longueuil, Repentigny, Blainville St-Hyacinthe and Saint-Jérôme. If you live on the North Shore, South Shore, St-Jean -sur-Richelieu, Sherbrooke, Drummondville, Trois-Rivières, Joliette, or Quebec City, we can also help you with your case.
If you have been the victim of a criminal act that has caused you suffering, consult our team of specialized lawyers. At Bégin Avocat, we offer a free initial online consultation. Following this consultation, we will determine if an additional meeting is appropriate and discuss fees if applicable.
To file a claim with the SAAQ following a car accident, you may choose to contact a lawyer specialized in dealing with SAAQ victims. This is the most effective way to ensure that your case is accepted and that you get the best possible compensation.
Although we advise you to contact a lawyer, there are a few alternative ways to open a file with the SAAQ:
- Online, directly on the SAAQ website
- By mail, after filling out the paper form – you will also have to call the SAAQ to open a file and obtain a claim number
- By going to an SAAQ office and filling out the form there
Lawyers are bound to respect the confidentiality of their clients. In principle, a lawyer may not disclose personal information provided by their client.
However, there are certain cases where a lawyer may breach this:
- The potential for crime or overt fraud: if a lawyer knows that their client is going to commit a crime that harms a third party, they may break confidentiality.
- When a person’s innocence is at stake: it must be a case of absolute necessity.
In Quebec, you cannot be fired after being injured on the job. In fact, your employer cannot fire you if the only reason is your work accident or because they are upset by the fact that you made a claim to the Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST).
Quebec employers must implement a policy for the prevention of physical and psychological harassment within their company. This policy must clearly indicate to whom victims of psychological harassment should address themselves and how to make a complaint.
Psychological harassment, whether it comes from a client or a colleague, can have lasting effects on your well-being. Your employer has an obligation to act as soon as they are informed about a harassment situation.
If you are a victim of psychological harassment in the workplace:
- Inform your employer or your union
- File a complaint with the Commission des droits de la personne or the CNESST
- Contact a victim compensation lawyer
Depending on their industry, employers in Quebec may be under obligation to comply with the Quebec Act respecting Labour Standards or the Canada Labour Code. If this applies to your employer, you have the right to sue them for the following reasons:
- Unlawful dismissal
- Wage withholding
If you are in one of these situations, contact a professional as soon as possible to get the defence you deserve.
All self-employed workers, trainees in a vocational training program and workers permanently assigned outside Quebec are not entitled to CNESST coverage. Only those who work for an employer registered with the CNESST are covered in the event of a work accident or occupational disease.
The SAAQ covers bodily injuries to many road users: drivers, passengers, motorcyclists, pedestrians, etc. Here are the main types of expenses provided by the SAAQ:
- Income replacement indemnity
- Lump-sum death benefit
- Personal home assistance allowance
- Compensation for non-pecuniary loss
- Reimbursement of travel expenses to receive care or undergo treatment