June 2, 2014

Evelyn is a healthcare professional who works on the day shift, on the medical unit in a hospital centre. One morning, when she is hurrying to answer a patient’s call button, she hits her right elbow hard on the door frame when entering the patient’s room. Feeling sharp pain, she stops for a few seconds to rub her elbow. Despite the persistence of the pain and the onset of slight swelling, she continues working.

At the morning break in the staff lounge, a colleague asks her why she is applying ice to her elbow. Once Evelyn has told her story, her colleague, Lucy, who is also a FIQ union representative strongly advises her to inform the unit head before leaving the institution and to see a physician as soon as possible to have her injury diagnosed.

Not thinking that she is seriously injured and above all, not wanting to have any problems with her employer about recognizing this as a work accident, Evelyn confides in Lucy that she preferred not to declare the incident. She added that if her condition deteriorated, she could always get coverage from the salary insurance plan. Lucy then explained to her the importance of being under the right plan due to the consequences that can result from a workplace injury, which are compensated by an Act respecting industrial accidents and occupational diseases (AIAOD).

A work accident is defined as a sudden and unforeseen event, attributable to any cause, which happens to a person arising out of or in the course of her work and resulting in an employment injury for her. The purpose of this Act is to provide compensation for employment injuries and the consequences they entail for them, from the incident until a return to work.

In this case, Evelyn was clearly a victim of a work accident resulting in an injury to her right elbow. In the event that she declares the incident to her employer before leaving the institution or as soon as possible, and that she quickly consults a physician for a medical certificate on a Commission de la santé et de la sécurité du travail (CSST) form, she will not have any difficulties having her injury recognized as an employment injury. The CSST will render a decision taking this into consideration. By doing this, Evelyn will benefit from the redress, compensation and rehabilitation process set out in the Act.

Thus, she will be entitled to the medical assistance that her condition requires due to her employment injury. This assistance includes medications and other pharmaceutical products, the care and treatments required, such as physiotherapy, occupational therapy, acupuncture, chiropractor services, technical aids/equipment and travel expenses. The cost of the medical assistance is borne by the CSST. As an example, the costs of medications are reimbursed at 100% by the CSST, while they are reimbursed at 80% under the group insurance plan.

In the event Evelyn is unable to work, she will receive 90% of her net salary from her employer without her bank of sick-leave days being affected by such an absence. Under the salary insurance plan, she would receive 80% of her gross salary after using five days from her bank of sick-leave days to cover the first five working days or, failing such a bank, after seven days of disability following the first day that she would have been required to work.

Once her employment injury is consolidated, that is, healed or stabilized without any foreseeable improvement in her condition, Evelyn will be entitled to the rehabilitation required by her condition with a view to her social and professional reintegration, in the event her injury results in a permanent impairment or functional limitations. Under the salary insurance plan, rehabilitation is only possible as of the eighth week of disability, for a limited time period, and with the agreement of the employer.

Lastly, if Evelyn is unable to return to her pre-injury job because of her functional limitations, the employer will register her on a special team if her residual capacities allow her to perform certain tasks. She will then be considered as having applied for any vacant or newly-created position compatible with her functional limitations. This position will be given to her in priority if she is the employee with the most seniority on the special team, providing she meets the normal requirements of the job. Under the salary insurance plan, an agreement between the employer and the union is required and with a medical recommendation the employee can be put in another position.

The advice given to Evelyn by Lucy is very wise. When an employee has a work accident, she must not hesitate to exercise her rights under the right plan. Evelyn was fortunate to benefit from her colleague and union representative, Lucy and her alertness. Moreover, the local union team of the FIQ offers its members information and support services on all questions or disputes in occupational health and safety.

Under the right plan or not, that is an eSSenTielle OHS question!

Do you know ?

The FIQ offers members who suffer an employment injury free legal counsel services by lawyers specialized in occupational health and safety to represent them in disputes before the CSST conciliator, the direction de la révision administrative (DRA) or the Commission des lésions professionnelles (CLP).

For the purposes of the Government and Public Employees’ Retirement Plan (RREGOP), the days or part of a day during which an employee who suffers an employment injury receives an income replacement indemnity (IRI) under the AIAOD are credited with an exoneration of the payment of the contributions. Although she is exempt from paying, her years of service continue to accumulate as if she was at work.

An employee who suffers an employment injury and who reintegrates her job is entitled to receive the salary and the benefits at the same rate and conditions as those she would have received if she had continued to work during her absence. If not, she can submit a complaint to the CSST or a grievance to her employer.

An employee who is absent because of an employment injury continues to accumulate seniority and continuous service within the meaning of the collective agreement. She does not lose her seniority or her job, even after the 36th month of absence. The employer cannot put an end to her employment relationship.

Besides the fact that the OHS plan, when it applies, is preferable to the salary insurance plan, the FIQ collective agreement contains more advantageous provisions than those set out in an Act respecting industrial accidents and occupational diseases. Find out from your local union team.