a-3, r. 1 - Regulation respecting financial assistance

Updated to 1 January 2016

This document has official status.

chapter A-3, r. 1

Regulation respecting financial assistance

Workers’ Compensation Act

(chapter A-3, ss. 56.1 and 124).

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 INTERPRETATION AND SCOPE

1. In this Regulation, unless the context indicates otherwise, “accident victim” means a victim of an accident, an occupational disease or an aggravation within the meaning of the Workmen’s Compensation Act (chapter A-3).

R.R.Q., 1981, c. A-3, r. 2, s. 1.

2. By making the necessary adjustments, this Regulation applies to workers within the meaning of the Act respecting industrial accidents and occupational diseases (chapter A-3.001), to victims within the meaning of the Crime Victims Compensation Act (chapter I-6) or to rescuers within the meaning of the Act to promote good citizenship (chapter C-20).

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

DIVISION II FINANCIAL ASSISTANCE FOR THE PAYMENT OF CERTAIN EXPENSES INCURRED FOR THE REHABILITATION OF AN ACCIDENT VICTIM

3. (1)  An accident victim who suffers from a disability resulting from an accident, an occupational disease or an aggravation may be reimbursed for the expenses incurred for his rehabilitation.

(2)  The expenses shall include:

(a)  the cost of training or re-education in an institution or on the job;

(b)  the purchase or adaptation of equipment or supplies;

(c)  the cost of occupational mobility for a period of search for and adjustment into employment, or for resettlement;

(d)  adaptation of the work station;

(e)  adaptation of a motor vehicle;

(f)  fees and expenses for professionals whose services are hired;

(g)  any other expense necessary, for the rehabilitation of an accident victim, taking into consideration the circumstances of each case.

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

4. (1)  The accident victim shall obtain an authorization from the Commission des normes, de l’équité, de la santé et de la sécurité du travail in order to be reimbursed for his expenses.

(2)  The authorization must be obtained upon presenting a written request to this effect to the Service de réadaptation sociale of the regional office concerned of the Commission.

R.R.Q., 1981, c. A-3, r. 2, s. 4.

5. The proposed solution shall be the most suitable one taking into consideration the residual capacities of the accident victim.

R.R.Q., 1981, c. A-3, r. 2, s. 5.

6. The Commission shall pay these expenses only upon presentation by the accident victim, of pertinent vouchers.

R.R.Q., 1981, c. A-3, r. 2, s. 6.

DIVISION III FINANCIAL ASSISTANCE FOR ADAPTATION OF THE PLACE OF RESIDENCE

§ 1 . — Eligibility

7. Where an accident victim is obliged to stay in an institution within the meaning of the Act respecting health services and social services (chapter S-5), due to a permanent disability, he may request to be granted financial assistance to adapt his principal residence to his needs, if such an assistance would permit him to leave the institution.

R.R.Q., 1981, c. A-3, r. 2, s. 7.

8. The expenses that may be reimbursed for the adaptation of the place of residence are those allowing the accident victim:

(a)  to enter and leave his place of residence a self-sufficient manner;

(b)  to have access, in a self-sufficient manner, to his belongings and to those conveniences of his residence necessary for the performance of the activities of daily living.

R.R.Q., 1981, c. A-3, r. 2, s. 8.

9. Before having any physical modifications made to his residence involving the technical and financial participation of the Commission, the accident victim must meet the following requirements:

(a)  the work may only be undertaken upon the express authorization of the Commission as regards its nature and cost;

(b)  the accident victim must provide assurance that he intends to remain in the said place of residence for a period of at least 3 years;

(c)  the accident victim must obtain the required authorization permitting modifications to be made to his place of residence.

R.R.Q., 1981, c. A-3, r. 2, s. 9.

10. Section 4 shall apply to every application made under this Division.

R.R.Q., 1981, c. A-3, r. 2, s. 10.

§ 2 . — Payment of financial assistance

11. In order to determine the financial assistance that may be paid out under this Division, the Commission shall take into consideration:

(a)  the physical condition of the accident victim;

(b)  the permanent disability resulting from the accident, occupational disease or aggravation;

(c)  the accessibility of the principal place of residence;

(d)  the structure of the principal place of residence;

(e)  the possibility that the accident victim will be able to look after himself;

(f)  the opinion of the attending physician and the practitioner of the Service de réadaptation sociale of the Commission;

(g)  the opinion of a person competent in housing planning or maintenance;

(h)  the extent of the necessary physical modifications required in relation to the goals set in section 8;

(i)  an estimate of the costs furnished by at least 2 competent persons.

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

12. The financial assistance granted shall cover only the costs of the purchase of materials and equipment, and the labour engaged for the work of adapting the place of residence.

R.R.Q., 1981, c. A-3, r. 2, s. 12.

13. The Commission shall only pay these costs upon presentation, by the accident victim, of pertinent vouchers.

R.R.Q., 1981, c. A-3, r. 2, s. 13.

REFERENCES

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

S.Q. 1985, c. 6, s. 505

S.Q. 1992, c. 21, s. 375

S.Q. 2015, c. 15, s. 237