Bâtirente - Csst

Act Respecting Industrial Accidents and Occupational Diseases

(Quebec)

The Act Respecting Industrial Accidents and Occupational Diseases (ARIAOD) is administered by the Commission de la santé et de la Sécurité du travail du Québec (CSST).

Coverage of Worker’s Income

The income replacement indemnity is paid to a worker who suffers an occupational injury if he becomes incapable of carrying out his occupation as a result of this injury.

For the day of the accident, the employer must pay the worker the full wage to which he would normally have been entitled. During the following 14 days, the worker is entitled to indemnities corresponding to 90% of his net salary for each day or part thereof that he normally would have worked, if it had not been for his disability. The indemnities are paid by his employer, who is subsequently reimbursed by the CSST. After the 15th day of disability, the worker receives the indemnity directly from the CSST which corresponds to 90% of his recognized net income.

The worker’s gross wage and gross income are taken into account, up to a maximum annual insurable wage of $62,500 in 2010 ($62,000 in 2009) and is adjusted once a year.

Net Wage

Net wage corresponds to the gross wage the worker would normally have earned if the injury had not occurred, from which federal and provincial income taxes are deducted, as well as Quebec Pension Plan and employment insurance contributions.

Recognized Net Income

Recognized net income corresponds to the gross income stipulated in the employment contract from which the same deductions are made as in the net wage calculations but taking the family situation into account for tax purposes. However, the worker may demonstrate to the CSST that he earned a higher gross annual income during the 12 months preceding his disability. Bonuses, premiums, tips, commissions, overtime payments and employment insurance benefits are taken into consideration.

Lump Sum Benefit for Bodily Injury

The purpose of the lump sum benefit is to compensate workers who have sustained permanent physical or mental impairment. The amount of the lump sum benefit for bodily injury is equal to the product of the percentage, not exceeding 100%, of the permanent physical or mental impairment multiplied by the amount indicated in the Table of Indemnities for bodily injuries (Appendix II - ARIAOD) at the time of occurrence of the occupational injury depending on the worker’s age at the time. However, the legislation provides for a minimum lump sum benefit of $949 in 2010 ($945 in 2009). The amounts used to compute the benefit are indexed annually.

Death Benefit

The spouse of a worker who becomes deceased as a result of an occupational injury receives a monthly pension equivalent to 55% of the income replacement benefit the worker was entitled to at the time of his death, for a period that varies from 1 to 3 years, depending on the age of the spouse. The spouse is also entitled to a minimum lump sum benefit of $94,947 in 2010 ($94,569 in 2009), which can amount to a sum equal to 3 times the worker’s gross wage at the time of his death, up to the maximum annual insurable wage. This amount has no effect on the benefits the beneficiary may be entitled to under the Quebec Pension Plan.

In addition, children of the deceased worker who are minors each receive a pension of $476 per month in 2010 ($474 per month in 2009) until the age of majority. The pension is indexed annually. At age 18, they receive a lump sum amount of $17,094 in 2010 ($17,026 in 2009) if they are still full-time students. If, at the time of the worker’s death, the child is aged between 18 and 25 and is still a full-time student, he immediately receives this lump sum amount.

The CSST reimburses, to the individual who incurs the funeral expenses, up to $4,617 in 2010 ($2,836 before June, 18th 2009 and $4,599 as of June 18th 2009), and the expenses related to returning the remains. In addition, the surviving spouse or, if none, the dependents, receive $1,899 in 2010 ($1,891 in 2009) for all other expenses related to the death.

Other Indemnities

Upon presentation of supporting evidence, the CSST will reimburse, up to the amounts stipulated by regulation, if applicable, various expenses concerning medical assistance and physical, social or occupational rehabilitation. Medical assistance expenses include hospital care, medication and other pharmaceutical products, as well as prostheses and orthoses, and the medical assistance determined by regulation. Expenses relating to a social or occupational rehabilitation program include the cost of adapting the home or principal vehicle, child care and housekeeping expenses, as well as fees for training or refresher courses.

N.B. These indemnities are non-taxable and may not be assigned or seized. They are adjusted annually.

The CSST also administers the following statutes:

Act Respecting Occupational Health and Safety;
Act Respecting Indemnities for victims of asbestosis or silicosis in mines and quarries;
Crime Victims Compensation Act;
Act to promote good citizenship;
Workmen’s Compensation Act;
Government Employees Compensation Act.
Additional Information

Quebec City: 418-266-4000

Montreal: 514-906-3000