Violent crimes are on the increase throughout Quebec. What are the legal rights of a man or woman wounded in these a crime? Are they entitled to payment and, if so, from whom?
Leave from work
When a person is wounded in a violent criminal offense and is not able to get the job done thanks to their injuries, they may perhaps be qualified for two styles of leave from get the job done:
- “Ordinary” go away of 26 months throughout a time period of 12 months. This is obtainable for any type of disease or incident.
- “Special” go away of up to two several years, for men and women hurt in violent crimes.
The victim’s position is shielded by regulation during this depart. Even so, they are not entitled to proceed obtaining their income — besides for the to start with two days under sure situations.
To profit from the “special” leave, the victim have to have endured a major actual physical or psychological injury all through — or ensuing from — a criminal offense, and they ought to be not able to do their work thanks to that damage.
The victim need to tell their employer as soon as doable that they will have to miss out on work and demonstrate why.
These policies use to workers who are covered by Quebec’s labour criteria laws. Comparable protections are offered to employees of federally-regulated employers.
To find out additional, see the website of the CNESST (labour specifications, spend fairness and place of work overall health and security board): Maladie ou incident non lié au travail | Commission des normes de l’équité de la santé et de la sécurité du travail – CNESST (gouv.qc.ca) and Congé pour les victimes d’acte criminel | Fee des normes de l’équité de la santé et de la sécurité du travail – CNESST (gouv.qc.ca) (in French only)
Victims of violent criminal offense can also gain from different payment applications which could address decline of profits and professional medical expenses.
If the criminal offense happened in the workplace, the target can implement to the CNESST. This may possibly be the case, for illustration, if the victim was a cashier who was hurt for the duration of an armed robbery at get the job done.
A criminal offense sufferer may perhaps also be eligible for payment from IVAC (crime target payment plan). To be eligible, a man or woman ought to be the victim of a criminal offense that caused them actual physical harm or psychological damage and will have to commonly be ineligible for compensation under one more software. For extra information and facts, see our write-up Compensation for Crime Victims (IVAC).
There are time restrictions on producing a claim which vary in accordance to the program in issue.
Private insurance coverage insurance policies might also give compensation to crime victims, especially for property hurt.