Section #: 
44.80.30.35
Effective date: 
Saturday, January 1, 1994
Last update: 
Wednesday, August 24, 2016

 

Policy Purpose

As defined under Section 77(1) of The Workers Compensation Act, "declared workers" include:

  • students enrolled in specific training programs, volunteers or persons enrolled in certain work experience/activity programs
  • those not already covered under The Workers Compensation Act who are appointed to a board, commission, agency or committee of the Manitoba Government; and
  • persons under a court order performing approved work.

A complete list of declared workers is provided in Manitoba Regulation 545/88, as amended.

Worker's compensation benefits are calculated based on a worker's average earnings. For declared workers, average earnings are the greater of 1/2 the Industrial Average Wage (IAW) or actual earnings. The IAW is established under the Act as the average of the industrial average wage for each of the 12 months before July 1 in the year before the accident. Where the worker dies or experiences a "long-term loss of earning capacity," average earnings are the greater of actual earnings or 100% of the IAW, subject to the maximum compensation level under the Act.

This policy defines "long-term loss of earning capacity" for declared workers and indicates when average earnings will be adjusted.