Coverage Under a Work Experience Program

Policy Purpose

Individuals participating in work experience programs can be exposed to the hazards of an industry. However, these people often are not automatically considered workers under The Workers Compensation Act (the Act).  To encourage employers to accept individuals in work experience programs, the Act provides that the WCB may, by order, declare any person or group of persons who participates in a work experience program and who is not otherwise considered a worker under the Act, to be a worker. These workers will be referred to as trainees throughout this policy.

The Act provides that the deemed employer of the work experience worker includes both the educational/training institution that places the worker and the work experience employer.  However, claims costs for work experience programs are not included in the experience of the work experience employer(s). The cost of this program will be borne by all employers since a better trained workforce benefits all Manitobans.

Average earnings must be calculated in accordance with the Act (unless the WCB provides otherwise in an order) and are indexed annually. The policy ensures that trainees who are injured and qualify for compensation receive wage loss payments even if they are not earning income as may be the case in many work experience programs.

This policy does not apply to any person who is otherwise considered a worker under the Act. Therefore, the board must first establish that a person is not a declared worker under the Act before a person may be declared a worker under a work experience program. As well, this policy does not apply to apprentices or learners who are treated separately in the legislation.