Compensation Rate – Apprentices and On the Job Training
Effective date: January 1, 2015
Application: All workers injured while participating in an apprenticeship or on-the-job training program.
Policy subject: Benefits for Workers - Initial benefits
To establish guidelines for compensating workers who are injured while undergoing training or instruction.
Undergoing training or instruction that the Workers’ Compensation Board (WCB) is satisfied should be recognized, as referenced in Section 50 of The Workers’ Compensation Act, 2013 (the “Act”), means the worker is:
- Registered in an apprenticeship contract for a designated trade under The Apprenticeship and Trade Certification Act, 1999, or
- Participating in a specified or contractual On-the-Job training program.
Section 50 of the Act provides that where a worker suffers a compensable injury while undergoing training or instruction the Workers’ Compensation Board (WCB) may review the amount of compensation payable and increase the compensation to an amount the worker would have received had they completed training or instruction.
- A worker injured while in an apprenticeship or on-the-job training program is only eligible for a Section 50 increase in benefits if:
- There is a signed agreement between the worker, the employer, and the Saskatchewan Apprenticeship and Trade Certification Commission (SATCC) in effect at the time of the injury.
- The work injury occurred while the worker was participating in an apprenticeship or on-the-job training program under the direction of the sponsoring employer.
- The worker’s employment history and participation in training demonstrates an intent to actively pursue advancement and completion of the apprenticeship program in a reasonable amount of time, and
- The work injury permanently prevented the worker from completing the apprenticeship or on-the-job training program.
- Compensation benefits will initially be based on the worker’s earnings at the time of injury and will be subject to the maximum wage rate.
- The worker’s benefit increases and intervals will replicate the apprenticeship or on-the-job training program agreement effective at the time of the commencement of loss of earnings and will be based on the probable wages the worker would have received for each applicable stage of the program.
- Section 50 adjusted earnings will be subject to the Consumer Price Index (CPI) adjustments required under Section 69 of the Act. The worker’s benefits will be based on the greater of the Section 50 increases or the original CPI-adjusted earnings (including any applicable CPI adjustments).
- Increases to the worker’s benefits, as determined by the probable wages, will cease on the projected date of completion for the apprenticeship or on-the-job training program.
- After the projected date of completion of the apprenticeship or on-the-job training program, the Section 50 adjusted earnings will be increased annually by the percentage increase of the CPI. Compensation adjusted for annual CPI percentage increases is not to exceed the maximum wage rate at the time of calculation.
Legislative Authority #
Legislative Authority #