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Published: 02 August 2019
Author: Michael Burdess

Can I quit my job while on WorkCover?

A question that we often get asked when we are helping a client who has been injured at work is whether it is possible for them to resign their employment while they are getting WorkCover weekly payments or other benefits under the WorkCover scheme.

This might be because they have had a falling out with their employer due to suffering the injury at their place of employment and they now feel their position is no longer tenable - the injury may have lead to a breakdown in confidence or trust between the employee and their employer. Sometimes they may want to access their annual or long service leave to assist with their recovery, or they may wish to start employment with another employer - often because it may be easier to perform different work duties, or perhaps simply for a change of lifestyle while recovering from their injury.

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 recieving weekly payments?

If you are receiving weekly payments, then it is very important that you seek legal advice before making a decision 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.

It is important to note though, that resigning from your current place of employment does not have any immediate impact upon your entitlement to medical and like expenses, or your entitlement to claim a lump sum due to the injury you have suffered.

Either way, it is always best to seek legal advice before taking a major step like resigning, even if you haven’t actually worked with your employer for a long period of time while you have been recovering.

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