Workers Compensation

I’m an injured WA worker receiving weekly compensation payments. Can I resign?

Being an injured worker is incredibly frustrating. Pain, boredom, stress and, in many cases, a drop in self-worth are common.

Returning to work while partially incapacitated can certainly be degrading: you might be asked to do work that is much less active or stimulating than you’re used to doing, or you might be given tasks that you’re overqualified to do, like stuffing envelopes or sorting files.

This is a situation that often sees injured workers wanting to resign. It’s a common question we see from clients: “Can I quit?”

In most cases, it’s probably not a good idea.

Despite your frustrations it’s generally advisable not to make any sudden moves. In these situations it is always advisable to seek professional legal advice first.

If I Still Decide To Resign, Will My Weekly Compensation Payments Stop?

Legally, you are entitled to receive weekly compensation payments despite your resignation. However, there are certain circumstances under which payments can stop, such as the insurer provides written notice that they intend to lower or discontinue your weekly payments, or unless you have returned to work in a similar position to the one you held pre-injury.

What Happens If My Employer Stops My Weekly Compensation Payments Anyway?

If you’ve resigned and your employer stops paying your weekly compensation payments it may be unlawful.  You can bring an application at WorkCover WA for unlawful cessation of weekly compensation payments.  If you receive a notice from the insurer that it intends to cease your weekly compensation payments then you should seek legal advice as soon as possible in order to consider filing an application at WorkCover WA within 21 days, failing which your weekly compensation payments will cease.

If it is found that your weekly compensation payments were stopped unlawfully then you may be entitled to have weekly compensation payments reinstated.

Tindall Gask Bentley’s team of experienced professionals offer a free, no obligation claim assessment, To book call our West Perth office on (08) 9211 5800 or fill in your details here and our team will be in touch soon.