CNESST, SAAQ, QPP & Insurance
Lawyers

FAQ

• I don’t understand what’s happening with my CNESST, SAAQ, Retraite-Québec, or disability insurance file. Is this normal?

  Yes. This is a common situation.

  Compensation files related to workplace accidents, road accidents, or disability sometimes move forward without clear explanation, with technical decisions and long periods without updates.

  When the steps, decisions, or their impacts on your health and income are not explained, it’s normal to feel like you’re in the dark.

  This confusion is not a sign that your situation isn’t serious, but a signal that it’s important to understand where your case stands and what decisions are coming.

• Why has the CNESST, SAAQ, Retraite-Québec, or my insurer stopped giving me updates?

  Prolonged silence can be explained by administrative delays, ongoing medical assessments, a case put on hold, or a decision not yet transmitted.
  The problem is that this silence often leaves you in uncertainty, sometimes without income.

  A structured approach can often obtain the real status of your case, get a decision quicker, or avoid an unpleasant surprise.

• My doctor says I’m not fit to work, but the CNESST, SAAQ, or my insurer says otherwise. What should I do?

  This situation is common.

  Your treating physician evaluates your actual condition, while public organizations and insurers base their decisions on either existing laws or insurance contracts, sometimes based on a one-time assessment.

  It’s not about absolute medical truth, but about legally recognized medical evidence.

  When medical opinions diverge, ignoring the decision or accepting it without analysis can have serious consequences.

  Recourses exist, but they must be exercised at the right time and within established deadlines.

• Why is my claim denied even though my medical condition is real?

  A claim denial does not mean your condition is not real.

  It’s often based on a restrictive legal interpretation, a causal link deemed insufficient, a theoretical capacity, or medical evidence considered incomplete.

  Medical reality and administrative recognition don’t always align.

  It’s often at this stage that valid recourses must be considered.

• They say I’m capable of working, but I don’t feel capable. What are my rights?

  Work capacity decisions often rest on theoretical assumptions: suitable employment (CNESST), determined employment (SAAQ), or general ability to work (insurers).

  The fact that a job exists on paper doesn’t mean it’s actually compatible with your condition.

  You have the right to contest an unrealistic capacity decision and assert your functional reality.

• If I’m declared fit for my job, what happens to my income replacement benefits?

  When an official decision declares you fit to return to your pre-injury employment, limitations not recognized by the CNESST, SAAQ, or insurer are considered non-existent from an administrative view point.

  This decision generally results in the immediate cessation of income replacement benefits.

  However, it is possible to request a review of this decision, provided you respect the deadlines indicated in the official letter.

• Is it worth contesting a decision from the CNESST, SAAQ, or an insurer?

  Absolutely! The question is not whether you’ll win for sure, but whether the decision is administratively or legally contestable.

  The chances of success depend notably on medical evidence, respect of the deadlines, and the consistency between your actual situation and the decision rendered.

  Strong cases can lose all chances of resolution if they’re poorly presented or filed too late.

• What is administrative review for and when should it be used?

  Administrative review is an official step allowing you to ask the CNESST, SAAQ, Retraite-Québec, or a private insurer to review their decision.

  Used well, it can correct an error or prepare a recourse.

  Used poorly, it can lock in an unfavorable decision.

• When does a case go before the TAT or TAQ?

  When administrative review doesn’t produce the expected result, a case can be brought before the Tribunal administratif du travail (TAT) or the Tribunal administratif du Québec (TAQ). To do this, you must contest the decision before the tribunal within the time limits required by law.

  These tribunals are independent and can modify or cancel a decision.

  They also offer conciliation services and hold hearings. A lawyer is the appropriate professional to represent you at this stage.