What Happens if I Resign While on WorkCover? – Key Considerations in Queensland

What Happens if I Resign While on WorkCover? – Key Considerations in Queensland

Published on 19 June 2023
Last updated on 6 February 2024

If you are injured at work in Queensland, your employer generally takes out insurance to cover any claims. Once you have shown that you sustained an injury at work, WorkCover pays the compensation. This means that generally, unless you are earning income elsewhere, you remain entitled to those payments even if you are no longer with the workplace where the injury occurred. However, resigning while on WorkCover can be a complex decision, and there are several key considerations to keep in mind.


What Happens if I Resign While on WorkCover? - Key Considerations in Queensland


1. Risking Your Right to Payment

Resigning may take away your right to further payment if not done carefully. Compensation requires proof of lost wages, so if you quit and your employer claims that you could have kept earning an income with them, it may negatively affect your right to weekly compensation. You and your employer have an obligation of ‘mutuality’, meaning that you both should show commitment to your employment relationship. Your employer has an obligation to provide you with lighter duties that are suitable while you recover from your injury.

For instance, if your employer says, after you have resigned, that you could have returned to suitable duties that they had in mind for you, it will be more difficult to prove lost wages. Moreover, if you are receiving compensation for lost wages and your reason for resignation does not relate to your injury or incapacity, you might also risk losing your right to payments. However, you may still be able to claim other entitlements such as medical expenses or lump sum payments.


2. Give the Correct Notice Period

If you are going to resign while on WorkCover, make sure you get your notice period right. You may cheat yourself of other entitlements such as any annual leave you might have accrued before the worker’s compensation kicked in.

Your notice period depends on the award you fall under, which is different for each award. If you do not know your award or industry agreement, you can find out with Fair Work, which also has a notice period calculator.


3. Key Considerations

If you are thinking about resigning while on WorkCover, keep these key considerations in mind:


3.1 Take Your Time

Take your time and gather information before making any decisions. You do not want to make a decision that may negatively impact your entitlements.


3.2 Know Your Entitlements

Find out whether resigning will impact your right to compensation payments. Review the Fair Work Website for advice where necessary to ensure that you make an informed decision.


3.3 Get the Notice Period Right

If you decide to resign, make sure you get the notice period right. It can impact other entitlements such as any annual leave


4. Conclusion

In conclusion, if you have sustained an injury at work and are currently receiving compensation through WorkCover, resigning from your job is a decision that should not be taken lightly. It is important to carefully consider the impact that resigning may have on your entitlements to compensation payments and other benefits, such as medical expenses and lump sum payments. You should also ensure that you give the correct notice period, as this can impact your entitlements to annual leave and other benefits. If you do decide to resign, it is essential that you keep WorkCover informed and up to date with your situation.

Disclaimer: Ascent Lawyers owns all copyright in the text. This article is of a general nature and should not be regarded as legal advice or relied on for assistance in any particular circumstance or emergency situation. To obtain legal advice in relation to your own circumstances, please contact us for consultation.

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