You’ve suffered an injury at work, and the thought of returning to your employer is stressful. Perhaps you feel unsupported or the relationship has broken down completely. You might even be wondering whether resignation is your best option.
You can resign while receiving Workers’ Compensation, but it’s important to understand how this decision could affect your Workers’ Compensation entitlements after resignation.
What happens to Workers’ Compensation after resignation?
Resigning does not automatically end an accepted Workers’ Compensation claim. However, your insurer may review your circumstances and adjust your weekly payments.
Your WorkCover after resignation entitlements may still include reasonable medical expenses and rehabilitation support, depending on your accepted claim. We strongly recommend seeking Workers’ Compensation legal advice before making any decisions.
Resigning while on WorkCover in Queensland
If you’re receiving weekly compensation payments and decide to resign, your payments may be affected. The insurer may consider your ongoing incapacity, ability to undertake suitable employment and potential earnings when assessing your entitlement. Your resignation alone does not automatically justify terminating your payments.
Can I change jobs while on Workers’ Compensation?
You may be able to move to another job while receiving compensation, but accepting employment at a lower wage does not necessarily mean WorkCover will cover the difference. Your entitlement depends on your medical restrictions, earning capacity and individual circumstances.
Notice periods and resignation
Before resigning, check the notice period required under your employment contract, award or enterprise agreement. Your notice period may run while you’re receiving Workers’ Compensation. It’s also important to understand any outstanding leave entitlements.
Do I need to notify WorkCover if I return to work?
You should notify your insurer if you return to employment or undertake other work activities, including voluntary or unpaid work. Failing to disclose relevant work activities or earnings could affect your compensation entitlements.
What if my employer terminates my employment?
Queensland legislation protects injured workers from dismissal solely or mainly because they cannot perform their usual duties due to a workplace injury within 12 months of that injury. Employer-initiated dismissal is different from resignation and may raise additional employment law issues. Seek legal advice promptly if your employer terminates your employment.
Get help from Workers’ Compensation lawyers in Brisbane
Before resigning, speak with Hall Payne Lawyers. Our experienced compensation lawyers in Queensland can help you understand your rights, review your circumstances and assess any potential impact on your compensation.
Resigning while on Workers’ Compensation FAQs
Can I quit while on workers’ compensation?
You can resign while receiving Workers’ Compensation, provided you comply with any applicable notice requirements. However, resignation may affect your weekly payments and other employment entitlements, so seeking legal advice beforehand is recommended.
What happens to workers’ compensation if I quit?
Your compensation does not automatically end when you resign. However, the insurer may reassess your weekly payments based on your ongoing incapacity, earning capacity and circumstances.
Can I claim WorkCover after resignation?
You may still be eligible to make a Workers’ Compensation claim after resignation if your injury occurred during your employment and you meet the relevant requirements. Strict claim time limits apply.
Will Workers’ Compensation after quitting continue?
Your medical and rehabilitation benefits may continue, while weekly payments depend on your circumstances and ongoing entitlement under Queensland law.
What happens to workers’ compensation payments after resignation?
Weekly payments may continue, change or cease depending on your medical capacity and statutory entitlements. The insurer must follow the relevant legal requirements when making decisions about your payments.