What to do if you have an occupational disease?
If you think you have an occupational disease, here’s what you need to do.
1. Consult a healthcare professional
Do you think you contracted your illness while working or because of the work itself? Speak to healthcare professional as soon as possible (this can be a nurse practitioner, general practitioner or specialist). They will provide you with the medical certificate required for your worker’s claim.
In the case of a non-work related illness, if the worker is required to be absent from work, their employment relationship is protected.
2. Promptly notify your employer and provide them with a medical certificate
If applicable, you or another person must inform your employer promptly that you believe you have an occupational illness. Once you receive a medical certificate from your healthcare professional, provide your employer with a copy of it as soon as possible.
3. Fill out the Worker’s claim and the appendix that corresponds to your medical situation
If you believe you have an occupational illness, you have six months to send us your worker’s claim and the corresponding appendix. If you have an occupational injury resulting from sexual violence, you have two years to file your claim.
Submit your claim as soon as possible.
For occupational illness, this period begins when the following two criteria are met:
- when the healthcare professional diagnoses the illness
- when you realize the probable relationship between your illness and your work
You may become aware of the link between your illness and your work via a medical assessment, a notice from your union, a prevention program at your workplace or by the presence of similar cases associated with your work.
Send in your documents
When you file your claim, send the CNESST all the relevant documents, including your medical certificate and any receipts or prescriptions. This will facilitate the processing of your file. Give a copy of the claim to your employer.
The CNESST determines your claim’s admissibility
The CNESST will analyze the admissibility of your claim when all the necessary documents have been received.
Whether it accepts or refuses the claim, when the CNESST renders its decision, it will notify you and your employer in writing.
For your claim to be admissible, it must be established that you indeed have an occupational disease. The CNESST will determine whether it is related to your work.
Contesting a decision
If you disagree with the CNESST’s decision, you can contest it.
Receive compensation
In the case of an occupational disease, if your claim is accepted, you may be entitled to indemnities, healthcare services and rehabilitation.
If you contracted an occupational disease outside Québec, you may have to choose to receive benefits from the CNESST or from another organization responsible for a compensation plan.
4) Undergo medical examinations
You must undergo all of the required medical examinations and to comply with the treatments prescribed by your treating healthcare professional. Other medical examinations may be requested by the CNESST or your employer.
You are obliged to report for medical examinations. Follow your treating healthcare professional’s recommendations to make sure your file is as complete as possible. If you fail to undergo an examination and you are receiving benefits, penalties may apply.
Indemnities, reimbursement and return to work
If you are unable to do your job because of an occupational disease, your employer must pay you 90% of the net salary you would have received for each day or partial day you would normally have worked in the first 14 days following the date you became unable to do your job.
Your employer must fill out the Avis de l'employeur et demande de remboursement (in French only) for the first 14 days’ leave, send it to the CNESST and give you a copy.
After the first 14 days of leave, if you are entitled to an income replacement indemnity, you will receive the indemnity until the CNESST determines that you are able to do your job or to do a suitable job full time.
You must have filled out a Worker’s claim to be able to apply for the reimbursement of certain expenses, including medical and travel expenses. You may be reimbursed for these expenses even if you did not have to take leave from work.
Once you know the date of your return to work, you must notify your employer and the CNESST as soon as possible.
Appendices to the Worker’s claim of an occupational disease
Online
PDF Version
- Appendix to the Worker’s claim – Occupational disease
- Appendix to the Worker’s claim – Occupational disease – Deafness
- Appendix to the Worker’s claim – Occupational disease – Vibrations
- Appendix to the Worker’s claim – Occupational lung disease
- Appendix to the Worker’s claim – Occupational disease – Repetitive movements
Procedures and rights following an occupational disease
Visit I had an accident or illness at work to learn more about the steps to take and your rights following an occupational disease.