A-3.001 - Act respecting industrial accidents and occupational diseases

Section 328 Disposition versions

2021-10-06

328. In the case of an occupational disease, the Commission shall impute the cost of the benefits to the employer for whom the worker carried on employment of a kind that would induce the disease.

If the worker carried on the employment for more than one employer, the Commission shall impute the cost of benefits to all employers for whom the worker carried on the employment, in proportion to the duration of such employment with each of the employers and the danger involved in the work carried on for each of those employers in terms of contracting the occupational disease.

Where the cost is not imputable to an employer for whom the worker carried on employment of a kind that would induce his occupational disease because the employer has disappeared or where the imputation would have the effect of unduly burdening the employer, the Commission shall impute the cost of benefits imputable to the employer to the employers of one, several or all of the units or to the reserve provided for in paragraph 2 of section 312.

In the case of a hearing impairment caused by noise not resulting from an industrial accident, the Commission shall impute the cost of benefits to one or more groups of units, which it determines by regulation, on the basis of the nature of the work that most contributed to the appearance of the hearing impairment, or to all the employers if such an imputation is not possible.

1985, c. 6, s. 328; 2021, c. 27, s. 92.

1985-08-19

328. In the case of an occupational disease, the Commission shall impute the cost of the benefits to the employer for whom the worker carried on employment of a kind that would induce the disease.

If the worker carried on the employment for more than one employer, the Commission shall impute the cost of benefits to all employers for whom the worker carried on the employment, in proportion to the duration of his employment with each of the employers and to the importance of the danger of the work carried on for each of those employers in relation to the worker’s occupational disease.

Where the cost is not imputable to an employer for whom the worker carried on employment of a kind that would induce his occupational disease because the employer has disappeared or where the imputation would have the effect of unduly burdening the employer, the Commission shall impute the cost of benefits imputable to the employer to the employers of one, several or all of the units or to the reserve provided for in paragraph 2 of section 312.

1985, c. 6, s. 328.