← belizelaw.ai · Workmen’S Compensation, Cap. 303 · PART II — Compensation

Method of calculating wages

Cap. 303, s. 11 · Revised Edition 2020

(1) For the purposes of section 8 of this Act, the monthly wages of a workman shall be calculated as follows, (a) where the workman has, during a continuous period of not less than twelve months immediately preceding the accident, been in the service of the employer who is liable to pay compensation, the monthly wages of the workman shall be one-twelfth of the total wages which have fallen due for payment to him by the employer in the last twelve months of that period; (b) in other cases, the monthly wages shall be thirty times the total wages earned in respect of the last continuous period of service immediately preceding the accident from the employer who is liable to pay compensation, divided by the number of days comprising such period, (i) where by reason of the shortness of the time during which the workman has been in the employment of an employer or the absence of proper records of the workman’s earnings or the casual nature of the employment, or the terms of the employment, it is impracticable at the date of the accident to compute a rate of would be representative of the workman’s average monthly earnings, regard may be had to the average monthly amount, which, during the twelve months previous to the accident, is being earned by a person of average diligence or ability in the same category employed at the same work by the same employer, or, if there is no such person so employed, by such a person in the same category employed in the same class or employment and in the same district; (ii) where in any case it seems more equitable may be awarded, having regard to the earnings of the workman at the time of the accident. (2) A period of service shall, for the purpose of this section, be deemed to be continuous which has not been interrupted by the period of absence from work exceeding fourteen days.
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