IAMAW DISTRICT 11
International Association of Machinists and Aerospace Workers

The Aerospace union

Facebook

District 11 and Local Lodge 712 developed an high level of expertise

DID YOU KNOW …

District 11 and Local Lodge 712 developed an high level of expertise in the defence of their working accident members or victims of professional lesions

Probably that you knew it already. But did you know how much costs you these services of representation if you are victim of a professional lesion?

Absolutely nothing !

Indeed, as member you profit from a complete service in the defence of your rights. Thus, you have access to the services of trade-union representatives specialized in health and safety in the work place, one trade-union senior permanent representative.

READ

The allowance of replacement of the income

Following a recent decision of the Commission of the professional lesions, returned by administrative judge Richard Hudon on March 16, 2010, accommodating the request of the worker.  The PLC thinks that the reduction, of 25% of the allowance of the replacement of the income which it received, pursuant to article 56 of the Law on the industrial accidents and the occupational diseases is contrary of article 10 of the Charter of rights and freedoms of the person (Charter Québécois) and of article 15 of constitutional of 1982 (Canadian Charter).

The worker undergone an industrial accident on August 1, 2007. On November 29, 2007, whereas he was 64 years old, it undergone a repetition, relapses or aggravation. From November 29, 2007, an allowance of replacement of the income is versed to the worker, the amount of the allowance being of 73,81$. From November 29, 2008, the allowance of replacement of the income paid with the worker is reduced of 25%, the allowance being then of 57,90$ per day. At the time of the hearing, the professional lesion is still not consolidated.

“Article 56. The allowance of replacement of the income is reduced by 25% as from the sixty-fifth birthday of the worker, of 50% as from the second year and 75% as from the third year following the date.

However, the allowance of replacement of the income of the worker who is victim of a professional lesion whereas is old at least 64 years is reduced by 25% as from the second year following the date of the beginning of its incapacity, 50% as from the third year and 75% as from the fourth year following this date. Sic”

Is such a worker less worthy to be recognized like a victim of a professional lesion and repair envisaged with the LATMP for this professional lesion and of his consequences?

This worker victim of a professional lesion deserves the same interest, the same respect and the same consideration as any other worker victim of a professional lesion?

The CLP thinks that the distinction, based on the age established by article 56 of the LATMP is, at first sight, discriminatory and could conclude that there is violation of article 15 (1) of the Canadian Charter and that it reached with dignity or freedom human

I invite you to read the judgement (In French), because it could have a very great importance for our members or others wishing to continue to work and which exceed the retirement age. You will find it on the site of:
http://www.jugements.qc.ca/php/decision.php?liste=44542009&doc=EBF1FA2A6BB5AECA9D67B3D76137BD1B4FFD2B92953DD543AFD4B9B342DD1E3B

Health & safety Rep. District 11