Workplace injury or occupational disease: what is the deadline to act?
Labour law complaint deadlines in Quebec: the complete guide, or almost... Part 4 of 5
Author: Martin Pelletier, labour lawyer
Published October 17, 2026
Injured at work or suffering from an occupational disease, punished by your employer for reporting it, or working in a dangerous or poorly protected workplace? Here are your deadlines to claim, challenge and complain, including complaints to a CNESST inspector and the right to refuse.
Before counting your days, read our main article: Dismissal, harassment, unpaid wages, workplace injury: which deadline for which recourse?
This article is part of a 5-article series:
The essentials: understanding and calculating your deadlines
Workplace injury and occupational health and safety (you are here)
In this article
Workplace accident or occupational disease (CNESST)
In occupational health and safety matters, it is important to distinguish between two steps: the administrative review at the CNESST, and then the challenge before the Administrative Labour Tribunal (TAT).
Table: Occupational health and safety
Your situation | Deadline | Where to file |
|---|---|---|
Reporting your accident or disease to the CNESST (claim) | 6 months (2 years if the injury results from sexual violence) | CNESST, from the accident or from the moment you learn that your disease is work-related (ss. 271 and 272 of the Act respecting industrial accidents and occupational diseases). But the sooner the better: notify your supervisor before leaving work, or otherwise as soon as possible (s. 265), and file your claim without waiting. A delay may be excused for a reasonable cause (s. 352), but do not count on it |
You disagree with a CNESST decision (compensation, eligibility, etc.) | 30 calendar days | Application for review to the CNESST's Direction de la révision administrative (administrative review division, DRA) |
You disagree with the decision rendered on review | 60 calendar days (since April 2023) | Challenge before the TAT. If the CNESST has not rendered its review decision within 90 days after receiving your application (or your comments or documents, if you asked for time to provide them), you may challenge the initial decision directly before the TAT, without waiting (s. 359, para. 3) |
CNESST decision rendered following an opinion of the Bureau d'évaluation médicale (BEM) | 30 or 60 calendar days | Your choice: review by the DRA (30 days) or direct challenge before the TAT (60 days) |
Penalty or dismissal because you suffered a workplace accident or an occupational disease, or exercised a right under the Act respecting industrial accidents and occupational diseases (s. 32) | 30 calendar days | Complaint to the CNESST, from the moment you learn of the measure (s. 253), or a grievance if you are unionized |
Penalty or dismissal because you exercised a right under the Act respecting occupational health and safety (right to refuse work, protective reassignment of a pregnant worker, role as health and safety representative, etc.) | 30 calendar days | Complaint to the CNESST, from the penalty or measure (s. 227), or a grievance if you are unionized |
CNESST decision on your complaint for a penalty or dismissal | 60 calendar days | Direct challenge before the TAT, without review (ss. 358 and 359.1 of the Act respecting industrial accidents and occupational diseases) |
Decision of a CNESST inspector (for example, on a right to refuse work) | 10 calendar days | Review by the CNESST's Direction de la révision administrative (administrative review division, DRA), then the TAT within 10 days (see the table below) |
Important: since April 6, 2023, the deadline to challenge a decision before the TAT is 60 days (s. 359 of the Act respecting industrial accidents and occupational diseases, as amended by the Act to modernize the occupational health and safety regime), and no longer 45 calendar days as is still often seen. The deadline runs from the moment you receive the decision. Always keep the envelope or the email.
Inadequate prevention or dangerous work: complaint to a CNESST inspector
You do not need to be injured to act. If your employer does not meet its prevention obligations, you can file a complaint with the CNESST or report the situation to an inspector. These steps are generally not subject to any fixed deadline, but act while the situation exists: that is what the inspector will come to observe.
Table: Prevention and dangerous work
Your situation | Deadline | Where to file |
|---|---|---|
Your employer has no psychological and sexual harassment prevention and complaint processing policy, does not make it available or does not apply it (s. 81.19 of the Act respecting labour standards) | No fixed deadline in the law: act quickly | Complaint to the CNESST (s. 102 of the Act respecting labour standards). Penal proceedings against the employer are prescribed 1 year after the CNESST learns of the offence, and no later than 5 years after it (s. 144). If you are being harassed yourself, your psychological harassment complaint remains subject to the 2-year deadline |
Establishment with at least 20 workers and no health and safety committee (s. 68 of the Act respecting occupational health and safety) | No fixed deadline: report it while the situation lasts | Complaint or report to a CNESST inspector, who can require the employer to comply |
No prevention program (at least 20 workers, s. 58) or no action plan (fewer than 20 workers, s. 61.1), or a program that ignores psychosocial risks, sexual violence or the harassment policy (ss. 59 and 61.2) | No fixed deadline: report it while the situation lasts | Complaint or report to a CNESST inspector |
Your employer does not provide the required personal protective equipment free of charge (s. 51, para. 11), or does not take measures to protect you from physical or psychological violence, including domestic, family or sexual violence (s. 51, para. 16) | No fixed deadline: act quickly | Complaint or report to a CNESST inspector |
You believe you are in danger (or would expose another person to danger) to your health, safety or physical or psychological well-being, for example because of missing protective equipment | Immediately | Right to refuse (s. 12): notify your supervisor or the employer at once (s. 15). If the disagreement continues, an inspector decides as soon as possible whether there is a danger (s. 19). The right does not apply if the conditions are normal for that kind of work or if the refusal puts another person's life or safety in immediate danger (s. 13) |
You disagree with the inspector's order or decision | 10 calendar days | Request for review to the CNESST's Direction de la révision administrative (administrative review division, DRA), from notification of the order or decision (s. 191.1) |
You disagree with the review decision | 10 calendar days | Administrative Labour Tribunal, from notification; the case is heard and decided urgently (s. 193) |
Important: if your employer dismisses, suspends or penalizes you because you exercised your right to refuse or filed a complaint, the 30-calendar-day reprisal complaint applies (s. 227 of the Act respecting occupational health and safety, see the first table). The 10-day deadlines under these acts are not extended because of a Saturday: always aim for the previous business day.
Our tips to avoid losing your rights
Deadlines are generally counted in calendar days, weekends and statutory holidays included, and a deadline that ends on a Saturday is not always extended: aim for the Friday.
Write down the exact date of each event: dismissal, last act of harassment, receipt of a decision.
Do not wait for negotiations with the employer to end: file your complaint, as it does not prevent a settlement.
If in doubt about the deadline, go with the shortest one.
Conclusion
Deadlines in labour law are short and vary depending on your employer, your status and the type of problem. A mistake of a few days can cost you a remedy. Please remember that this is not legal advice and that every case must be assessed individually.
Important notice: this article is provided for general information purposes only and does not constitute legal advice. Laws change and every situation is different: it is important to consult a lawyer before making a decision or letting a deadline pass. Online tools and artificial intelligence can also be wrong; do not rely solely on an answer obtained on the Internet or from a chatbot.
We strongly encourage you to contact us without delay, so that the applicable deadlines are met and your claims are not dismissed.
Legislative references
Official texts consulted, up to date as of August 12, 2026 (Quebec) and September 30, 2026 (federal):
