A-3 - Workers’ Compensation Act

Full text
53. (1)  An accident to which this Act applies shall, in addition, entitle the worker to the medical aid required by the condition to which such accident has reduced him.
(2)  Medical aid shall include, if necessary, hospitalization, the necessary medical, surgical and nursing attendance, the remedies, medicines and other pharmaceutical supplies required, as well as the furnishing and normal renewing of prosthetic and orthopedic appliances, the use whereof is deemed necessary. When there is more than one hospital centre in the place where the injured worker has to be treated, the latter may designate the one chosen by him.
(3)  Where the accident occurs in an industry subject to this Act, the injured worker must be furnished with all the medical aid that his case requires.
(4)  In every case where a worker meets with an accident, he must be furnished with the physician of his choice as soon as he is able to make his choice known and sees fit to avail himself of his privilege.
(5)  The Commission shall determine the necessity, character, sufficiency or duration of medical assistance, if there is a disagreement on any such question.
(6)  Services provided by a professional in the field of health under this Act and contemplated in the tenth paragraph of section 3 of the Health Insurance Act (chapter A-29) enacted by section 488 of the Act respecting industrial accidents and occupational diseases (chapter A-3.001), other than services provided by a professional in the field of health at the request of the employer, shall be paid to the professional by the Régie de l’assurance maladie du Québec in accordance with agreements made under section 19 of the Health Insurance Act.
Other fees or charges for such medical aid shall not be more than would be properly and reasonably charged to the worker if he himself were paying the bill; and, except where otherwise agreed upon, the amount thereof shall be fixed and determined by the Commission, and no action for any amount larger than that so fixed shall lie before any court.
(7)  Subject to the following provisions, it is not lawful for any employer, directly or indirectly, to retain, receive or collect from any worker any contribution toward the fees or expenses of medical aid, and every employer contravening this provision is for every such contravention guilty of an offence and may be liable, upon the order of the Commission, to reimburse the worker treble the amount of any sum so retained, received, or collected.
(8)  No fees or expense of medical aid provided for by this Act may be claimed from a worker who has suffered an accident within the meaning of this Act and no action for same shall lie before any court of justice.
(9)  Where any employer has now or hereafter established, in connection with any industry carried on by him, an arrangement for furnishing medical aid to his workers which, in the opinion of the Commission, is at least as favourable to the workers as that provided for in this section, the Commission, after investigating the facts and considering the wishes of both workers and employer, may approve such arrangement. As long as such approval remains unrevoked such arrangement may be continued in lieu of the medical aid herein provided for. If the industry is designated by regulation the employer who furnishes such medical aid shall be entitled to such reimbursement out of the accident fund or to such reduction in his rate of assessment as the Commission shall deem just.
(10)  (Subsection repealed).
(11)  Every employer shall at his own expense furnish to any worker injured in his employ, who is in need of it, immediate conveyance and transportation to a hospital centre, or to a physician, or to the worker’s home; and any employer failing so to do shall be liable, by order of the Commission, to pay for such conveyance and transportation as may be procured by the worker or by anyone for him, or as may be provided by the Commission.
(12)  Where, in conjunction with or apart from the medical aid to which a worker is to be entitled free of charge, further care is proposed to be given him, the Commission shall determine the expediency and extent of any contribution from the worker towards the cost of such additional care or the legality of such contribution from the worker.
(13)  The cost of medical aid shall be charged to the Commission, which shall reimburse the Régie de l’assurance maladie du Québec for the cost of services contemplated in the first paragraph of subsection 6 and any corresponding administrative costs.
In the case of an accident that does not disable the worker, beyond the day during which the accident occurred, from earning full wages in the employment he holds at the time of the accident and that does not give rise to any benefit other than services provided by a physician, the amount of reimbursement for a year is equal to 5.4% of the total for that year of the cost assumed by the Régie for other services provided by physicians under this Act and for the corresponding administrative costs.
Where an employer belongs to an industry mentioned in Schedule B, he must reimburse those expenses and those disbursements to the Commission in the manner it determines by regulation.
R. S. 1964, c. 159, s. 48; 1971, c. 48, s. 161; 1978, c. 57, s. 1, s. 30; 1985, c. 6, s. 480; 1997, c. 43, s. 4; 1999, c. 89, s. 53.
53. (1)  An accident to which this act applies shall, in addition, entitle the worker to the medical aid required by the condition to which such accident has reduced him.
(2)  Medical aid shall include, if necessary, hospitalization, the necessary medical, surgical and nursing attendance, the remedies, medicines and other pharmaceutical supplies required, as well as the furnishing and normal renewing of prosthetic and orthopedic appliances, the use whereof is deemed necessary. When there is more than one hospital centre in the place where the injured workman has to be treated, the latter may designate the one chosen by him.
(3)  Where the accident occurs in an industry subject to this act, the injured worker must be furnished with all the medical aid that his case requires.
(4)  In every case where a worker meets with an accident, he must be furnished with the physician of his choice as soon as he is able to make his choice known and sees fit to avail himself of his privilege.
(5)  The commission shall determine the necessity, character, sufficiency or duration of medical assistance, if there is a disagreement on any such question.
(6)  Services provided by a professional in the field of health under this Act and contemplated in the tenth paragraph of section 3 of the Health Insurance Act (chapter A-29) enacted by section 488 of the Act respecting industrial accidents and occupational diseases (chapter A-3.001), other than services provided by a professional in the field of health at the request of the employer, shall be paid to the professional by the Régie de l’assurance-maladie du Québec in accordance with agreements made under section 19 of the Health Insurance Act.
Other fees or charges for such medical aid shall not be more than would be properly and reasonably charged to the worker if he himself were paying the bill; and, except where otherwise agreed upon, the amount thereof shall be fixed and determined by the Commission, and no action for any amount larger than that so fixed shall lie before any court.
(7)  Subject to the following provisions, it is not lawful for any employer, directly or indirectly, to retain, receive or collect from any worker any contribution toward the fees or expenses of medical aid, and every employer contravening this provision is for every such contravention guilty of an offence and may be liable, upon the order of the Commission, to reimburse the worker treble the amount of any sum so retained, received, or collected.
(8)  No fees or expense of medical aid provided for by this Act may be claimed from a worker who has suffered an accident within the meaning of this Act and no action for same shall lie before any court of justice.
(9)  Where any employer has now or hereafter established, in connection with any industry carried on by him, an arrangement for furnishing medical aid to his workers which, in the opinion of the Commission, is at least as favourable to the workers as that provided for in this section, the Commission, after investigating the facts and considering the wishes of both workers and employer, may approve such arrangement. As long as such approval remains unrevoked such arrangement may be continued in lieu of the medical aid herein provided for. If the industry is designated by regulation the employer who furnishes such medical aid shall be entitled to such reimbursement out of the accident fund or to such reduction in his rate of assessment as the Commission shall deem just.
(10)  (Subsection replaced).
(11)  Every employer shall at his own expense furnish to any worker injured in his employ, who is in need of it, immediate conveyance and transportation to a hospital centre, or to a physician, or to the worker’s home; and any employer failing so to do shall be liable, by order of the Commission, to pay for such conveyance and transportation as may be procured by the worker or by anyone for him, or as may be provided by the Commission.
(12)  Where, in conjunction with or apart from the medical aid to which a worker is to be entitled free of charge, further care is proposed to be given him, the Commission shall determine the expediency and extent of any contribution from the worker towards the cost of such additional care or the legality of such contribution from the worker.
(13)  The cost of medical aid shall be charged to the Commission, which shall reimburse the Régie de l’assurance-maladie du Québec for the cost of services contemplated in the first paragraph of subsection 6 and any corresponding administrative costs.
In the case of an accident that does not disable the worker, beyond the day during which the accident occurred, from earning full wages in the employment he holds at the time of the accident and that does not give rise to any benefit other than services provided by a physician, the amount of reimbursement for a year is equal to 5.4% of the total for that year of the cost assumed by the Régie for other services provided by physicians under this Act and for the corresponding administrative costs.
Where an employer belongs to an industry mentioned in Schedule B, he must reimburse those expenses and those disbursements to the Commission in the manner it determines by regulation.
R. S. 1964, c. 159, s. 48; 1971, c. 48, s. 161; 1978, c. 57, s. 1, s. 30; 1985, c. 6, s. 480; 1997, c. 43, s. 4.
53. (1)  An accident to which this act applies shall, in addition, entitle the worker to the medical aid required by the condition to which such accident has reduced him.
(2)  Medical aid shall include, if necessary, hospitalization, the necessary medical, surgical and nursing attendance, the remedies, medicines and other pharmaceutical supplies required, as well as the furnishing and normal renewing of prosthetic and orthopedic appliances, the use whereof is deemed necessary. When there is more than one hospital centre in the place where the injured workman has to be treated, the latter may designate the one chosen by him.
(3)  Where the accident occurs in an industry subject to this act, the injured worker must be furnished with all the medical aid that his case requires.
(4)  In every case where a worker meets with an accident, he must be furnished with the physician of his choice as soon as he is able to make his choice known and sees fit to avail himself of his privilege.
(5)  The Commission shall determine all questions as to the necessity, character, sufficiency or duration of the medical aid.
(6)  Services provided by a professional in the field of health under this Act and contemplated in the tenth paragraph of section 3 of the Health Insurance Act (chapter A-29) enacted by section 488 of the Act respecting industrial accidents and occupational diseases (chapter A-3.001), other than services provided by a professional in the field of health at the request of the employer, shall be paid to the professional by the Régie de l’assurance-maladie du Québec in accordance with agreements made under section 19 of the Health Insurance Act.
Other fees or charges for such medical aid shall not be more than would be properly and reasonably charged to the worker if he himself were paying the bill; and, except where otherwise agreed upon, the amount thereof shall be fixed and determined by the Commission, and no action for any amount larger than that so fixed shall lie before any court.
(7)  Subject to the following provisions, it is not lawful for any employer, directly or indirectly, to retain, receive or collect from any worker any contribution toward the fees or expenses of medical aid, and every employer contravening this provision is for every such contravention guilty of an offence and may be liable, upon the order of the Commission, to reimburse the worker treble the amount of any sum so retained, received, or collected.
(8)  No fees or expense of medical aid provided for by this Act may be claimed from a worker who has suffered an accident within the meaning of this Act and no action for same shall lie before any court of justice.
(9)  Where any employer has now or hereafter established, in connection with any industry carried on by him, an arrangement for furnishing medical aid to his workers which, in the opinion of the Commission, is at least as favourable to the workers as that provided for in this section, the Commission, after investigating the facts and considering the wishes of both workers and employer, may approve such arrangement. As long as such approval remains unrevoked such arrangement may be continued in lieu of the medical aid herein provided for. If the industry is designated by regulation the employer who furnishes such medical aid shall be entitled to such reimbursement out of the accident fund or to such reduction in his rate of assessment as the Commission shall deem just.
(10)  (Subsection replaced).
(11)  Every employer shall at his own expense furnish to any worker injured in his employ, who is in need of it, immediate conveyance and transportation to a hospital centre, or to a physician, or to the worker’s home; and any employer failing so to do shall be liable, by order of the Commission, to pay for such conveyance and transportation as may be procured by the worker or by anyone for him, or as may be provided by the Commission.
(12)  Where, in conjunction with or apart from the medical aid to which a worker is to be entitled free of charge, further care is proposed to be given him, the Commission shall determine the expediency and extent of any contribution from the worker towards the cost of such additional care or the legality of such contribution from the worker.
(13)  The cost of medical aid shall be charged to the Commission, which shall reimburse the Régie de l’assurance-maladie du Québec for the cost of services contemplated in the first paragraph of subsection 6 and any corresponding administrative costs.
In the case of an accident that does not disable the worker, beyond the day during which the accident occurred, from earning full wages in the employment he holds at the time of the accident and that does not give rise to any benefit other than services provided by a physician, the amount of reimbursement for a year is equal to 5.4% of the total for that year of the cost assumed by the Régie for other services provided by physicians under this Act and for the corresponding administrative costs.
Where an employer belongs to an industry mentioned in Schedule B, he must reimburse those expenses and those disbursements to the Commission in the manner it determines by regulation.
R. S. 1964, c. 159, s. 48; 1971, c. 48, s. 161; 1978, c. 57, s. 1, s. 30; 1985, c. 6, s. 480.
53. (1)  An accident to which this act applies shall, in addition, entitle the worker to the medical aid required by the condition to which such accident has reduced him.
(2)  Medical aid shall include, if necessary, hospitalization, the necessary medical, surgical and nursing attendance, the remedies, medicines and other pharmaceutical supplies required, as well as the furnishing and normal renewing of prosthetic and orthopedic appliances, the use whereof is deemed necessary. When there is more than one hospital centre in the place where the injured workman has to be treated, the latter may designate the one chosen by him.
(3)  Where the accident occurs in an industry subject to this act, the injured worker must be furnished with all the medical aid that his case requires.
(4)  In every case where a worker meets with an accident, he must be furnished with the physician of his choice as soon as he is able to make his choice known and sees fit to avail himself of his privilege.
(5)  The Commission shall determine all questions as to the necessity, character, sufficiency or duration of the medical aid.
(6)  The fees or charges for such medical aid shall not be more than would be properly and reasonably charged to the worker if himself paying the bill; and, except where otherwise agreed upon, the amount thereof shall be fixed and determined by the Commission, and no action for any amount larger than that so fixed shall lie before any court.
(7)  Subject to the following provisions, it is not lawful for any employer, directly or indirectly, to retain, receive or collect from any worker any contribution toward the fees or expenses of medical aid, and every employer contravening this provision is for every such contravention guilty of an offence and may be liable, upon the order of the Commission, to reimburse the worker treble the amount of any sum so retained, received, or collected.
(8)  No fees or expense of medical aid provided for by this act may be claimed from a worker who has suffered an accident within the meaning of this act and no action for same shall lie before any court of justice.
(9)  Where any employer has now or hereafter established, in connection with any industry carried on by him, an arrangement for furnishing medical aid to his workers which, in the opinion of the Commission, is at least as favourable to the workers as that provided for in this section, the Commission, after investigating the facts and considering the wishes of both workers and employer, may approve such arrangement. As long as such approval remains unrevoked such arrangement may be continued in lieu of the medical aid herein provided for. If the industry is designated by regulation the employer who furnishes such medical aid shall be entitled to such reimbursement out of the accident fund or to such reduction in his rate of assessment as the Commission shall deem just.
(10)  The Commission may order that employers, in any industries where it may deem it proper, maintain, as may be directed by the Commission, a first aid service, with suitable appliances, articles and medicines; and the Commission may make such order respecting the expense thereof as it may deem expedient.
(11)  Every employer shall at his own expense furnish to any worker injured in his employ, who is in need of it, immediate conveyance and transportation to a hospital centre, or to a physician, or to the worker’s home; and any employer failing so to do shall be liable, by order of the Commission, to pay for such conveyance and transportation as may be procured by the worker or by anyone for him, or as may be provided by the Commission.
(12)  Where, in conjunction with or apart from the medical aid to which a worker is to be entitled free of charge, further care is proposed to be given him, the Commission shall determine the expediency and extent of any contribution from the worker towards the cost of such additional care or the legality of such contribution from the worker.
(13)  Subject to subsections 10 and 11, expenses and disbursements that may be effected for medical aid are paid by the Commission and levied in the manner provided in Division X.
Where an employer belongs to an industry mentioned in Schedule B, he must reimburse those expenses and those disbursements to the Commission in the manner it determines by regulation.
R. S. 1964, c. 159, s. 48; 1971, c. 48, s. 161; 1978, c. 57, s. 1, s. 30.
53. (1)  An accident to which this act applies shall, in addition, entitle the workman to the medical aid required by the condition to which such accident has reduced him.
(2)  Medical aid shall include, if necessary, hospitalization, the necessary medical, surgical and nursing attendance, the remedies, medicines and other pharmaceutical supplies required, as well as the furnishing and normal renewing of prosthetic and orthopedic appliances, the use whereof is deemed necessary. When there is more than one hospital centre in the place where the injured workman has to be treated, the latter may designate the one chosen by him.
(3)  When the accident occurs in any industry to which this act applies, the injured workman shall be furnished with all the medical aid that his case requires. The cost of such medical aid shall be paid, according as the employer is included in one or the other schedule, by the employer or out of the accident fund; the sum required for such purpose must be included in the assessment levied upon the employers.
(4)  In every case where a workman meets with an accident, he must be furnished with the physician of his choice as soon as he is able to make his choice known and sees fit to avail himself of his privilege.
(5)  The Commission shall determine all questions as to the necessity, character, sufficiency or duration of the medical aid.
(6)  The fees or charges for such medical aid shall not be more than would be properly and reasonably charged to the workman if himself paying the bill; and, except where otherwise agreed upon, the amount thereof shall be fixed and determined by the Commission, and no action for any amount larger than that so fixed shall lie before any court.
(7)  Subject to the following provisions, it shall not be lawful for any employer, directly or indirectly, to retain, receive or collect from any workman any contribution toward the fees or expense of medical aid, and every employer contravening this provision shall for every such contravention be liable, in addition to the costs, to a fine not exceeding fifty dollars, and shall also be liable, upon the order of the Commission, to reimburse the workman treble the amount of any sum so retained, received, or collected.
(8)  No fees or expense of medical aid provided for by this act may be claimed from a workman who has suffered an accident within the meaning of this act and no action for same shall lie before any court of justice.
(9)  Where any employer has now or hereafter established, in connection with any industry carried on by him, an arrangement for furnishing medical aid to his workmen which, in the opinion of the Commission, is at least as favourable to the workmen as that provided for in this section, the Commission, after investigating the facts and considering the wishes of both workmen and employer, may approve such arrangement. As long as such approval remains unrevoked such arrangement may be continued in lieu of the medical aid herein provided for. If the industry is in Schedule B the employer who furnishes such medical aid shall be entitled to such reimbursement out of the accident fund or to such reduction in his rate of assessment as the Commission shall deem just.
(10)  The Commission may order that employers, in any industries where it may deem it proper, maintain, as may be directed by the Commission, a first aid service, with suitable appliances, articles and medicines; and the Commission may make such order respecting the expense thereof as it may deem expedient.
(11)  Every employer shall at his own expense furnish to any workman injured in his employ, who is in need of it, immediate conveyance and transportation to a hospital centre, or to a physician, or to the workman’s home; and any employer failing so to do shall be liable, by order of the Commission, to pay for such conveyance and transportation as may be procured by the workman or by anyone for him, or as may be provided by the Commission.
(12)  Where, in conjunction with or apart from the medical aid to which a workman is to be entitled free of charge, further care is proposed to be given him, the Commission shall determine the expediency and extent of any contribution from the workman towards the cost of such additional care or the legality of such contribution from the workman.
R. S. 1964, c. 159, s. 48; 1971, c. 48, s. 161.