Ruptured Implant: Quebec Court Rules Work Injury

A Quebec tribunal has recognized a ruptured breast implant as a work-related injury. The decision stems from an incident on April 17, 2023, when a gardener for the City of Kirkland was hit in the chest by a branch while operating a wood chipper. The forceful impact caused a tear in her right breast implant.

Initially, the employer contested the claim, arguing that a breast implant is not living tissue and therefore not covered under the Act respecting industrial accidents. However, the Tribunal administratif du travail (TAL) disagreed, broadly interpreting 'injury' to include such devices.

Following the ruling, the worker is entitled to partial reimbursement for the surgery performed at a private clinic. The court determined it would be unfair for her to bear the full cost of replacing both implants and anesthesia, as the surgery was not available through the public health system.