The context
The Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST) manages two compensation systems:
● The first is for people who suffer a work accident;
● The second is for crime victims. The crime victims’ section (DGIVAC) is responsible for issuing compensation.
- A welder who had been injured on the job saw his condition worsen. The CNESST agreed to compensate him.
- No longer able to hold down the job, he found a new one. However, he was earning less than when he had been a welder. As a result, CNESST covered the difference between the two salaries.
- Years later, the man was assaulted. Because he was a crime victim, DGIVAC was the competent authority and it accepted his claim.
- CNESST stop issuing the shortfall between the first salary and his new salary.
The complaint
The man did not understand why he was no longer receiving these payments for a work-related accident. He complained to the Québec Ombudsman.
What our investigation showed
- People can be compensated concurrently by CNESST and DGIVAC for two different cases.
- The man should not have been penalized because he had suffered assault that qualified him for new compensation.
The outcome
At the Québec Ombudsman’s request, CNESST resumed the payments it had stopped issuing. It also paid the worker nearly $19,000 for amounts he was deprived of. Lastly, the agency adopted a directive so that such a situation would never recur.
This case was taken from our 2020-2021 Annual Report.
The Québec Ombudsman ensures that your rights are upheld in your dealings with Québec public services. Are you dissatisfied with the services of a Government of Québec department or agency? Or with those of a health and social services network institution (2nd level of recourse)? File a complaint by calling 1-800-463-5070 or using our online complaint form.
