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Income replacement indemnity

The CNESST pays an income replacement indemnity to workers who are unable to work because of an employment injury until they are able to work or are able to resume suitable full-time employment.

The income replacement indemnity is equal to 90% of the worker's net income. It is paid every 2 weeks.

A worker who has registered for personal coverage with the CNESST (self-employed worker, domestic, manager, etc.) may also be entitled to an income replacement indemnity.

Volunteer workers who are registered for coverage for volunteer workers by their employer are also entitled to an income replacement indemnity.

Important 

A worker who suffers an employment injury or their beneficiary (in the event of the worker’s death) must fill out the Worker's claim form within 6 months of the employment injury. The CNESST will analyze the admissibility of their claim

A worker who, because of an employment injury, is unable to work for fewer than 14 full days after they become unable to work or a worker who has no money to claim from the CNESST does not have to fill out the Worker's claim form. 

If no employer is required to pay a salary or wages to a worker for 14 full days after they become unable to work, the worker submits the Worker's claim form and the medical certificate completed by their doctor to the CNESST. 

Duration of the indemnity

A worker who is entitled to an income replacement indemnity will receive the indemnity until the CNESST determines that they are able to do their job or an equivalent job, even after a medical opinion attesting that the worker has recovered or is stable. It is up to the CNESST, not the doctor, to determine whether or not the worker is able to do their job. The same applies to a worker who is unable to do any job.

For certain workers who are unable to return to their employer, the indemnity may continue until the age of 68 if:

Extension of the indemnity

A worker may obtain an extension of the income replacement indemnity up to 1 year, from the date they become able to do their job or a suitable job, if:

  • they become able to do their job again after the period provided for the worker to exercise their right to return to work has expired and they are not reinstated in their job by their employer
  • they are able to hold suitable employment as determined by the CNESST, but suitable employment is not available

Termination of the right to an income replacement indemnity

The termination of the worker's right to an income replacement indemnity occurs when:

  • they become able to do their job again
  • they are able to do their job again after the period provided for the worker to exercise their right to return to work has expired and they are not reinstated in their job
  • the worker dies (the income replacement indemnity continues to be paid to the spouse for three months following the date of the worker’s death when the worker dies from a cause unrelated to the employment injury)
  • they reach the age of 68 or if, 4 years after the day the worker becomes unable to work, they suffer an employment injury when they are 64 years old or older and are employed

Calculation of the income replacement indemnity

Day the worker left work

When a worker is injured at work and is unable to work for the rest of the day, the employer must pay them 100% of their regular net wages. The day the worker left work is not always the day of the event.

Example 

On November 4, Paul was injured at work. He did not stop working until around noon on November 7, 3 days later. Therefore, the day he left work is November 7.

First 14 days after a worker becomes unable to work

When a worker is unable to work for fewer than 14 days because of an employment injury, the employer must pay them an income replacement indemnity that is equal to 90% of their net income for the days they would normally have worked, not including the day of the accident. To determine the amount of the indemnity, the employer must calculate the first 14 days.

If no employer is required to pay the worker a salary or wages, the CNESST pays the worker an income replacement indemnity for each day or part of a day that the worker would normally have earned employment income.

As of the 15th day the worker becomes unable to work

If the worker is unable to work for more than 14 days, the CNESST pays them the income replacement indemnity to which they are entitled as of the 15th day of absence. Some employers are required pay the income replacement indemnity beyond the first 14 days under a collective agreement, agreement or order in council.

Maximum and minimum insurable earnings for all workers

 

Gross annual maximum insurable earnings (effective May 1, 2020) $78 500
Gross minimum insurable earnings (effective as of May 1, 2020) $27 321.36 

 

Unpaid student intern

A student under the age of 18 who suffered an employment injury during an unpaid internship under the responsibility of an educational institution at which they are pursuing their studies may be entitled to a weekly indemnity of $110.

Child affected by voluntary or alternative measures

A child who suffered an employment injury while performing work, rendering a service to the community or acting as a trainee, with or without pay, may be entitled to a weekly indemnity of $110 if they did so:

 

Note 

Other people such as self-employed workers and paper carriers are considered workers and may be entitled to an indemnity under the Loi sur les accidents du travail et les maladies professionnelles

Annual revalorization

The amount of the income replacement indemnity is revalorized each year on the anniversary of the day the worker became unable to work.

Adjustment of the indemnity

If the worker is receiving or received an income replacement indemnity, it may be adjusted if there is a new pay equity agreement or a renewal of a collective agreement. The retroactive date must be equal to or earlier than the date the worker became unable to work. Otherwise, the amount used to calculate the income replacement indemnity cannot be modified, except at the time of revalorization.

Laws and regulations

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