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Do Workers’ Compensation Payments Continue if I Leave My Job?
If you’ve been injured at work and are receiving workers’ compensation payments in Queensland, it’s natural to wonder how leaving your job might affect those payments. If you’re thinking about resigning, facing redundancy, or simply uncertain about your choices, understanding your rights can help you feel more confident during a challenging time.
This guide explains what happens to your workers’ compensation if you leave your job, the protections Queensland law provides, and why consulting our experienced compensation lawyers in Cairns could help.
Can I Resign While Receiving Workers’ Compensation?
Yes, you can resign while receiving workers’ compensation benefits. Whilst the system is designed to support you because of your injury, not just because of your job, resigning from your employment can have consequences and may result in your payments being stopped.
If you’re able to do some work, perhaps fewer hours or lighter duties, but choose to resign without trying to find suitable work, WorkCover may reduce or stop your payments. This is because ongoing payments often depend on participating in return-to-work programs or earning some income where possible.
Why Giving Proper Notice is Important
If you decide to resign, provide the required notice as specified in your contract or workplace rules. Sometimes, your compensation period can be considered notice, but it’s best to verify this.
Providing proper notice helps protect your rights and your compensation claim.
What About Employers Ending Employment?
Queensland law helps protect injured workers from being unfairly dismissed, especially within the first year after injury. Your employer can’t just end your job because of your injury-related incapacity during this time.
If you think you were dismissed unfairly during this period, you may be able to ask for your job back through legal channels.
After one year, employers may end employment for valid reasons like ongoing medical incapacity or genuine redundancy, but they must follow fair steps. Even if your job ends lawfully, your workers’ compensation payments can continue if you’re still medically unfit.
Can I Start Work Somewhere Else?
If you start a new job while on workers’ compensation, let WorkCover know within 10 business days. This helps them update your payments based on your new work and income. Not reporting new work can cause problems, so being honest keeps everything on track.
What if I’m Considering a Common Law Claim?
If you want to make a legal claim for damages because of your employer’s negligence, resigning should be done carefully. Leaving your job on your doctor’s advice won’t hurt your claim. But leaving without clear reasons might. Getting legal advice early on can protect your rights.
Other Claims Still Stand
Leaving your job doesn’t affect other claims, like public liability claims or car accident claims handled by specialist car accident lawyers. These are about your injury circumstances, not your job status.
Return-to-Work Plans Can Help
Return-to-work plans are designed to help you ease back into work safely, based on what you can do. If you resign but are still able to perform some duties, staying involved in return-to-work programs can be key to maintaining payments.
Our Cairns workplace compensation lawyers can support you in these plans.
How Cairns Compensation Lawyers Help You
Workers’ compensation can be confusing, especially when you’re thinking about leaving your job.
Cairns WorkCover claim lawyers know Queensland’s laws well and can guide you through your options.
They can help you understand:
- How to keep your weekly compensation payments going
- How to give proper notice when resigning
- What protections you have if your job is ended
- How to claim lost income or damages
- How to handle disputes with insurance or employers
Getting advice early means you’ll feel more confident and avoid mistakes.
TL;DR
Leaving your job doesn’t automatically stop your workers’ compensation payments. What matters most is your medical condition, efforts to return to some work, and following the right legal steps.
If you’re unsure or thinking about resigning or changing jobs while on compensation, understanding your rights matters.
Reach out to trusted workers’ compensation lawyers in Cairns for advice that fits your situation. They will help you understand your options and protect your rights.
Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Please consult a qualified legal professional for advice tailored to your circumstances.
