a-3, r. 4 - Regulation respecting reimbursement of damaged or destroyed clothing, prosthesis or orthesis

Updated to 1 September 2012

This document has official status.

chapter A-3, r. 4

Regulation respecting reimbursement of damaged or destroyed clothing, prosthesis or orthesis

Workers’ Compensation Act

(chapter A-3, s. 124, par. i).

Subject to the following paragraph, chapter A-3 is replaced by the Act respecting industrial accidents and occupational diseases (chapter A-3.001) (1985, c. 6, s. 476).

The Workers’ Compensation Act (chapter A-3), amended by sections 479 to 483 of the Act respecting industrial accidents and occupational diseases (chapter A-3.001) and the regulations made under chapter A-3, remain in force:

(1) for the purposes of the processing of claims made for industrial accidents and deaths that occurred before 19 August 1985 and for claims made before that date for occupational diseases, except in the case of a recurrence, relapse or aggravation contemplated in the first paragraph of section 555 of chapter A-3.001;

(2) for the purposes of every classification of industries and employers’ assessment carried out for a year prior to 1986, subject to sections 580 and 581 of chapter A-3.001;

(3) for the purposes of the application of the Act to promote good citizenship (chapter C-20) and the Crime Victims Compensation Act (chapter I-6).

DIVISION I DEFINITIONS

1. In this Regulation, unless the context indicates otherwise,

(a)  “purchase value” means the value equivalent to the price paid at the time of the purchase of new clothing, without taking into account its wear;

(b)  “replacement value” means the value equivalent to the actual cost of purchasing new clothing of the same quality as the one damaged or destroyed, a prosthesis or orthesis without taking into account its wear.

R.R.Q., 1981, c. A-3, r. 11, s. 1.

DIVISION II DAMAGED OR DESTROYED CLOTHING

2. The reimbursement must serve, in priority, to repair or clean damaged clothing.

However, if it is impossible to put back into use clothing by way of repair or adequate cleaning, or that the cost of such a repair or cleaning is higher than the clothing’s purchase or replacement value, which ever the case may be, the Commission de la santé et de la sécurité du travail reimburses the cost of the purchase or replacement value, which ever the case may be, of the said clothing.

R.R.Q., 1981, c. A-3, r. 11, s. 2.

3. A maximum of $300 per accident can be allocated by the Commission, for the costs of repairing, cleaning or replacing clothing damaged following an accident.

In case of clothing damaged by the wearing of a prosthesis or an orthesis, a maximum of $300 per year can be allocated by the Commission.

R.R.Q., 1981, c. A-3, r. 11, s. 3.

4. The reimbursement made by the Commission for damaged or destroyed clothing due to an accident is based on the purchase value.

With regard to clothing damaged or destroyed due to the wearing of a prosthesis, or an orthesis, the reimbursement made by the Commission is based on the replacement value.

R.R.Q., 1981, c. A-3, r. 11, s. 4.

5. The costs of repairing, cleaning or replacing clothing are reimbursed upon production of supporting documents, and are subject to a deductible of $25 per claim.

R.R.Q., 1981, c. A-3, r. 11, s. 5.

DIVISION III DAMAGED OR BROKEN PROSTHESIS OR ORTHESIS

6. The reimbursement made by the Commission for a broken or damaged prosthesis or orthesis, arising out or in the cause of work, is based on the replacement value.

R.R.Q., 1981, c. A-3, r. 11, s. 6.

7. The costs of repairing or replacing a broken or damaged prosthesis or orthesis are reimbursed upon production of supporting documents.

R.R.Q., 1981, c. A-3, r. 11, s. 7.

REFERENCES

R.R.Q., 1981, c. A-3, r. 11