Choosing between the CNESST and another compensation plan
What should you do if you are the victim of a work-related accident or disease and any of the following circumstances applies to your situation?
- You are domiciled outside of Québec.
- Your accident occurred or your disease was contracted outside Québec.
- You were exposed to contaminants or materials outside Québec that caused an occupational disease.
You could then be eligible for compensation by the CNESST or by a benefits plan of another province or territory of Canada or country that the CNESST does not have an agreement with. Because you are not entitled to claim benefits for the same event under more than one piece of legislation, you will have to decide under which law you want to claim benefits and then you will have to inform the CNESST of your decision.
How to confirm your decision?
To help you decide, you should consult the summary of benefits that you may be entitled to under Québec's Act respecting industrial accidents and occupational diseases (AIAOD) and then contact the other body of competent jurisdiction to find out what benefits you could be entitled to under their plan.
To confirm your decision, you must complete the form entitled Election under the Act respecting industrial accidents and occupational diseases, sign it and send it to the CNESST within 6 months of your industrial accident or the date your physician informed you that you had an occupational disease. Note that the form is essential and that the CNESST cannot consider your claim until it has received the form duly completed, and signed.
If you decide to claim benefits from the CNESST, we will consider your application. If you decide to claim benefits under another benefits plan, the CNESST will render a decision refusing your claim and you will have to file a claim with the corresponding workers compensation body.
If you do not inform the CNESST of your decision within the prescribed time limit, you will be presumed to have waived your entitlement to benefits under Québec legislation.