Having vast experience, our lawyers focus on protecting the rights of workers and their future by assisting them to overcome challenging claims. Our lawyers also help workers in obtaining compensation as mentioned in the act related to occupational diseases and industrial accidents.
We are also aware of the fact that accumulating enough energy for defending your rights while bearing the ordeals of a physical injury, low finances, and mental tiredness can be quite challenging. We understand these problems and provide the required guidance and assistance to workers so that the whole process is completed with the least number of hassles.
Our CNESST Lawyer Helps You Win CNESST Cases
If you were suspended, dismissed, or sanctioned simply because of an accident that you suffered then this is considered illegal and we can guide you on how to seek recourse. We also have the required competency to defend your case with the aim of achieving a suitable solution that is in your favor.
Similarly, if you are finding it difficult to move through the rehabilitation process as well as how to take appropriate decisions when the other party has the upper hand in the case, we can provide the necessary guidance and negotiate on your behalf.
In some cases you will require strong medical evidence to strengthen your case. The good thing about appointing us to your case is that we work closely with expert physicians and clinical partners who are recognized in their respective fields. Moreover, our team will be accompanying you to the TAT as the whole process can be quite confusing.
What steps should workers take if a workplace accident occurs?
According to our experienced lawyers, if you face a workplace accident then you need to appoint the best lawyer in Montreal and take the following steps on an immediate basis:
- You should inform the supervisor or someone else who has required authority.
- Consult a physician at a hospital or clinic right away. Ensure that you mention the injury or pain you are suffering.
- Ask the physician to provide you with a medical assessment certificate so that you can send a copy to your employer.
- Complete the claim form for workers by entering all the information related to the accident and send a copy to the CNESST.
- Ensure that you receive constant medical follow-ups. If required, ask the physician to refer you to a specialist.
- Pay complete attention to the rehabilitation process, ask for any required information, and do your best to get long term solutions.
- Request from the claim agents that you are working with to get some assistance and advice from a counselor, psychologist, and similar other medical specialists.
- Work diligently to ensure contestant deadlines are met.
- Maintain copies for documents and communications. In addition, ask for copies related to medical results so that you have all the records are readily available with you.
We Inform Workers About Their Fundamental Right
Our lawyers also take the necessary steps to inform workers about two fundamental rights they have if they are employment injury victims. Let us give you an insight into these two rights.
The two fundamental rights of workers suffering occupational disease or industrial accident are:
- The right to return to work
- The right to rehabilitation
Let us now have a detailed look into these two rights that workers have.
The Right to Return to Work
This right makes it necessary for employers to let the worker return to work if he is able to do so or get an equivalent position. Employers also need to pay the worker his or her salary as well as the associated benefits.
In case the worker is not able to return to the job or get into a similar position due to injury, the worker is entitled to get a suitable job available at the establishment, but it would be subjective to seniority rules that are part of his work agreement.
However, you need to be aware of the fact that this right is to be exercised within 2 years if the establishment employs over twenty employees and 1 year if there are less than 20 employees.
The right can be exercised subject to present collective agreements terms and conditions. If the establishment does not have any terms and conditions then employer and workers have to reach an agreement or request intervention from the CNESST. It is worth mentioning here that this right is applicable for construction workers as well.
The Right to Rehabilitation
If an employee suffers permanent mental or physical impairment to a degree that his or her occupational and social reintegration is jeopardized, especially his or her return to the job, then rehabilitation service proves to be beneficial for the person.
The main aim of the right to rehabilitation is to assist workers re-enter the job force by alleviating or eliminating the worker’s mental or physical disability. This right also helps the worker overcome social as well as personal consequences of his or her employment injury.
To summarize, we will say that protecting the rights of workers is quite important and our CNESST lawyers have the necessary experience and expertise to adequately represent workers who suffer accidents or face occupational diseases while performing their duties. All you have to do is give us a call on our customer helpline number and our lawyers will try to understand the situation and work with you to get the right verdict in your favor. By working with us you will have the assurance that everything required will be done to get a verdict which will help you live a normal life.