In Quebec, some aspects of civil liability are governed by special remedies when the damage occurs in certain specific contexts. This is particularly the case for workplaces, car accidents and for the compensation of victims of criminal acts!
As the rules of civil liability did not fit well with the accidents occurring in these environments, victims often ended up poorly compensated. This is why Quebec law was changed to create state systems that allow you to access more easily the indemnities to which you are entitled, notably from the SAAQ, the CNESST and the IVAC.
This does not mean that everything is in the bag just yet. These organizations may refuse to compensate you adequately, and that's when it will become essential to hire a lawyer in administrative law!
Recourse to the SAAQ following a car accident: a no-fault system!
Car accidents are subject to a specific legal regime in Quebec that is replicated in few places in the world. It is a system without regard to the liability of anyone that Quebecers often call the "no-fault" system.
But how will you be compensated if it is a system that does not take into account the liability of the culprits at the time of compensation? Because the Quebec legislator understood a long time ago that the fact of bringing car accidents to court created a monstrous congestion, required very difficult evidence to provide and often left the victims high and dry.
It is in response to such a problem that the current system was created, which shares the responsibility of compensating victims between the Automobile Insurance Company and private insurers.
The SAAQ is there to compensate for bodily injuries suffered in a car accident. Compensation is paid provided that you suffer a bodily injury (including the death of a loved one), psychological (for psychological consequences) and this, in the context of a car accident. The Automobile Insurance Act broadly defines this concept and includes any event where harm has been caused by a car.
The Automobile Insurance Act also provides that in case of material damage during a car accident, each motorist refers to his own insurer. It will establish the shares of responsibility according to the scales established in the Direct Compensation Agreement for the settlement of motor vehicle claims . This simplifies the compensation of policyholders and the settlement of the accident in terms of material damage.
Are the compensations paid by the SAAQ adequate? The compensation that the SAAQ pays seeks to achieve three major objectives, namely replacing income, reimbursing expenses incurred by the accident and granting compensation following the sufferings caused by the accident.
Are the compensations generous for all that? The answer is yes, and for a very simple reason: it is a scheme financed by the people who generate the risk of accident, that is, motorists. This is done through the annual registration fees that every motorist must pay.
For this reason, the coffers of the SAAQ are well endowed, which allows them to pay adequate and often sufficient compensation to the victim. However, it is possible that the compensation that was paid to you may be insufficient in your eyes!
When to take action against the SAAQ with a lawyer? Especially when it refuses to compensate you, when it compensates you insufficiently, or for any other dispute that you may have with its decision makers.
CNESST: the importance of a lawyer following a work accident or an occupational disease!
Just as with the automobile accident regime, the field of work has also established a no-fault liability regime. It is the employers of Quebec who contribute to the CNESST fund through the contributions they are required to pay.
This comes with substantial protection, namely the fact that an employee who is injured in his workplace does not turn against his employer to be compensated, but rather to the CNESST, subject to a few very rare exceptions.
The concept of occupational injury is one that includes the subcategories of injuries caused by a work accident, occupational diseases as well as those caused by a work accident. The classification of these is provided in the law, but the list is not exhaustive and it will be up to your lawyer to prove that it belongs to this category.
The occupational disease is one that is developed due to the characteristics and risks closely related to the work you perform or have performed throughout your career. Presumptions are indeed present in the Act respecting occupational health and safety to facilitate proof that the disease is indeed related to work. The burden of proof in this case falls on the employer to prove that the disease is not work-related.
Will you always be compensated in the event of a work accident? A work accident is an unforeseen and sudden event that causes a professional injury. Once again, presumptions appear in the law stipulating that an injury occurring at the workplace is presumed to be a work accident.
Why appeal to the CNESST? Because your employer or even the CNESST can contest your request by alleging that the conditions of the work accident or the occupational disease are not met. A lawyer will represent you to overturn these refusals and get you adequate compensation.
Are the indemnities paid by the CNESST adequate? Generally, yes! As all employers in Quebec are required to contribute to it, and this, to finance their own immunity, the indemnities are often sufficient.
Once again, it is possible that your situation may be an exception to the principle and that is why it is all the more important to consult a lawyer in the event of a refusal of compensation or when you find the compensation insufficient.
Are you eligible to appeal to the Compensation Fund for Victims of Criminal Acts (IVAC)?
As its name clearly indicates, the Compensation Fund for Victims of Criminal Acts aims a simple objective, that is to financially compensate these same victims. The notion of victim, however, has a broad meaning in the law and many are those who are entitled to file a claim.
The eligibility criteria for a claim to the IVAC are defined as such; you must have been a victim or witness of a crime (the dependents of this victim can also avail themselves of the appeal). Also eligible are people injured physically or mentally in a criminal act, the relatives of this same person as well as individuals trying to prevent the perpetration of a crime.
What does the IVAC compensation aim to reimburse? Mainly to mitigate the consequences resulting from the criminal act, such as income replacement up to 90% of net income if the person is no longer able to work. An amount can also be paid in case of permanent physical damage.
Psychological sequelae can also be compensated to pay for the professional care required from psychologists. In the event that a child dies as a result of a criminal act, the parents can also receive a lump sum compensation for the suffering experienced. Finally, funeral expenses can also be covered by an IVAC compensation.
Are the compensations paid by the IVAC adequate? Much less than for the SAAQ and CNESST schemes.... This may seem strange when considering the significant sequelae experienced by such victims, but the explanation lies in the funding of the IVAC.
Unlike other schemes, this one is not funded by risk generators, but rather by the social solidarity of the state, which makes it somewhat the poor relative of state compensation schemes. That's why it's better to opt for recourse to the SAAQ and CNESST when you have the choice, your compensation will be all the more generous.
Which of these recourses to choose when you have the choice? First, it may happen that the law does not give you the choice of recourse and forces you to opt for the CNESST, the SAAQ or the IVAC. It's your lawyer who will guide you towards the recourses you are entitled to, but it is obvious that those funded by the risk generators of the SAAQ and CNESST offer more generous compensations!
JuriGo refers you to specialized lawyers for your case at IVAC/SAAQ/CNESST!
Legal proceedings before the administrative tribunal of Quebec as well as the cases related to IVAC, the SAAQ and the CNESST require the intervention of highly specialized lawyers. Most lawyers practicing there dedicate their entire practice to it, so it's not the kind of case you give to the first lawyer you come across.
Fortunately for you, JuriGo is able to refer you to lawyers specialized in such proceedings.
On your part, all you need to do is fill out our form at the bottom of the page and we take care of the rest!