Workplace accidents: What employers should know

In Quebec, while employees are responsible for reporting an incident at work, the employer also has a number of duties.1

1. Provide assistance

The employer or its representatives must provide first aid to the injured person, including transporting the person to a hospital.

2. Record the event

It is mandatory to record all workplace accidents, even minor ones. This document will be an important factor if an investigation by the Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST) is required.

3. Pay the first day of absence

If an employee must be absent from work because of an accident, the employer must pay the first day.

4. Pay an income replacement indemnity for the next 14 days

After paying the first day of absence, the employer must pay 90% of the employee’s net salary for the next 14 days. The employer can then make a claim to the CNESST for this amount.

5. Follow up

Then, although the worker is free to be treated and followed by the health professional of his or her choice, the employer can propose a resource to the worker. If the worker accepts to be followed by the resource proposed by the employer, the latter becomes the health professional in charge of the worker and the CNESST is bound by his opinion. In this case, the costs related to this medical follow-up must be paid by the employer.

Direct and indirect costs

Workplace accidents have multiple consequences for companies. A survey conducted by the Institut de recherche en santé et en sécurité au travail (IRSST)2 revealed that the annual cost of work-related injuries in Quebec in 2016 was nearly $​​6 billion, or an average of $65,550 per injury.

To compensate victims, the CNESST collects a premium from companies, the rate of which is set based on the industry, as the number of workplace accidents varies according to each. In large companies, this insurance premium can also be adjusted up or down based on their claims performance.

In addition to the CNESST premium, other costs directly related to the incident may have to be paid by the employer. These include per diems, training costs for the replacement worker, or potential civil or criminal penalties. These are then added to all the indirect costs, such as the impact on productivity, the company’s reputation and employee morale.

The difficulties of subcontracting Ensuring compliance with preventive rules can become a real headache for companies that hire subcontractors who, in turn, sometimes do business with third parties.

This is often the case at construction sites, especially large ones. It is sometimes difficult for the project manager to impose a standard procedure on all parties involved. Unravelling each person’s responsibilities in the event of an accident can also be complex.

The proliferation of telework

Habits developed during the pandemic have transformed work patterns, and the enthusiasm of employees for telecommuting has profoundly changed the culture of some companies.

With the changes in rules, locations and even working hours, grey areas have emerged, and sometimes a climate of mistrust is created in the event of an incident. How can one be sure that a workplace accident can be considered as such without witnesses and evidence, especially if it occurs outside of working hours?

With telework, the line between work time and personal time is blurred. Rules that applied prior to the pandemic must therefore be reviewed for the organizations involved.

For professional support, we’re here for you.

Biron offers specialized triage, interventions and care for injured workers. Request a quote or information online, or call our specialized occupational health staff at 1 833 590-2716.