I had a work accident how long do I have to file a claim?
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Short answer
In Quebec, a claim to the CNESST (Quebec's labour standards, health and safety board) for an industrial accident must be filed within 6 months of the injury. For an occupational disease, the 6-month period runs from the day the person becomes aware that they have an occupational disease. For an injury resulting from sexual violence, the time limit is 2 years.
In detail
The 2-year time limit for injuries resulting from sexual violence was introduced by the Act to prevent and fight psychological harassment and sexual violence in the workplace, in force since September 28, 2024.
The same 6-month limit applies to a relapse, recurrence or aggravation of an injury that has already been recognized: it then runs from the date of the relapse, not from the initial injury.
The person must notify their employer as soon as possible and see a health professional, who produces a medical certificate. That certificate is what accompanies the worker's claim form. A missed deadline is not always fatal: the Act allows a person to be relieved from the consequences of their failure to act where they show a reasonable ground, but that has to be demonstrated.
What to document
The exact date, time and place of the event, what you were doing, the witnesses, the notice you gave the employer and who you gave it to, the date of your first medical consultation, the medical certificate, and the date you sent the claim. For an occupational disease, note instead the date on which a professional told you of the link with your work: that is the date that starts the time limit.
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Official sources
- Act respecting industrial accidents and occupational diseases (CQLR, c. A-3.001) · Légis Québec
- CNESST · Worker's Claim form (PDF)
- CNESST · Policy 1.01, Filing a claim and its admissibility (PDF)
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What this page is not
This is general legal information about the law of Quebec and Canada, dated and sourced. It is not legal advice, not a strategy, and not a prediction about the outcome of a case. In Quebec, only lawyers and notaries may give legal advice (Act respecting the Barreau du Québec, ss. 128 and 133). Laws and amounts change: the official source always prevails over us.