Medical and administrative recourses
In the event of a work accident or occupational disease, the worker must undergo all the medical examinations required by their attending health professional. An independent medical assessment may be requested by the employer or the CNESST regarding any of the following 5 aspects:
- the diagnosis
- care and treatments
- consolidation of the injury
- permanent physical and psychological impairment
- functional limitations
In this case, the CNESST or the employer calls in a designated health professional (in French only), who examines the worker and writes a report. A copy of the report is sent to the attending health professional, who must respond to the designated professional’s conclusions.
If the attending health professional agrees with the report:
The CNESST applies the new conclusions. If the employer or the worker disagree with this decision, they may contest the CNESST’s decision.
If the attending health professional disagrees with the report:
The CNESST sends a request to the Bureau d’évaluation médicale (BEM) (in French only). When the opinion of the BEM is produced, it is sent to the worker, the employer and the CNESST, which then renders its decision based on the BEM’s opinion. If the employer or the worker disagree with this decision, they may either contest the CNESST’s decision by applying for an administrative review or contest it before the Tribunal administratif du travail (in French only).