Summary
Manitoba has updated The Workers Compensation Act to allow a lump-sum payment to a worker’s estate when a worker dies without an eligible spouse or common-law partner. The amendments also introduce a benefit-of-the-doubt rule requiring evenly balanced evidence in compensation decisions to favour workers or dependants, helping clarify how WCB claims are determined. It comes into effect on June 3, 2025.
Post
Coming into effect on June 3, 2025, Manitoba has introduced amendments to The Workers Compensation Act that make two notable changes to how claims and benefits are handled under the province’s workers compensation system. The updates add a new lump-sum payment to a worker’s estate in certain cases and introduce a benefit-of-the-doubt rule when evidence in a claim is evenly balanced.
One of the changes addresses situations where a worker dies from a workplace injury or illness without an eligible spouse or common-law partner. Previously, benefits were primarily structured around payments to spouses, partners, or dependants. The amendment now allows the Workers Compensation Board (WCB) to make a lump-sum payment to the worker’s estate or another person the board determines, ensuring that compensation can still be provided even when no eligible spouse or partner exists.
Another important change introduces a benefit-of-the-doubt rule when evidence in a claim is evenly balanced. Under this rule, if the available evidence does not clearly favour one side, the decision must favour the worker or dependant when determining entitlement to compensation. However, the rule also applies to employer assessment matters, where evenly balanced evidence may favour the employer. If there is a conflict between the two applications of the rule, the legislation states that the worker or dependant’s claim prevails.
These changes clarify how the WCB should make decisions when evidence is uncertain and help ensure that compensation decisions remain fair and predictable for workers, dependants, and employers.
For Manitoba employers and workers alike, the amendments provide greater clarity in how claims are decided and expand the circumstances in which financial benefits may be provided following a workplace fatality.
References
Manitoba Legislative Assembly. The Workers Compensation Amendment Act (Various Acts Amended), S.M. 2025.
Manitoba Legislative Assembly. The Workers Compensation Act, C.C.S.M. c. W200 (current consolidated version).
Workers Compensation Board of Manitoba – Legislation and policy resources.
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