A question that we often get asked is whether someone is able to resign their employment while they are getting WorkCover weekly payments or other benefits.

This might be because they have had a big falling out with the employer and feel their position is no longer tenable, they want to access their annual or long service leave, or that they might wish to start other employment with a different employer.

The short answer is yes, you can resign, but it may affect your entitlements under the WorkCover scheme. Whether it is a good idea will partly depend on if you are receiving weekly payments from WorkCover.

What if you are receiving weekly payments?

If you are receiving weekly payments, then it is very important that you seek legal advice before deciding about resignation. The WorkCover law states that if you have resigned for reasons “unrelated to the worker’s incapacity” then your weekly payments may be reduced or terminated. This is not something you want to risk without properly weighing things up.

You should note though, that resigning from your employment does not have any immediate impact upon your entitlement to medical and like expenses or your entitlement to claim a lump sum.

Either way, it is always best to seek legal advice before taking a step like resigning, even if you haven’t actually worked with your employer for some time.