A question frequently asked by workers who have an accepted workers’ compensation claim in Western Australia is whether they are able to resign from their job and what impact this will have on their ongoing workers’ compensation weekly payments.
Many injured workers, particularly those who are receiving workers’ compensation, feel dissatisfied with the way their employer treats them after a claim is filed. Often, employers assign these workers tasks that can seem trivial or unrelated to their previous job. For example, a worker who usually drives a haul truck in a mine may be reassigned to administrative duties, such as filing reports, despite having little to no experience in office work and struggling to understand the tasks at hand. This situation can leave workers feeling undervalued and frustrated, leading them to question whether resignation might be the best option for them.
Should an Injured Worker Stay with Their Pre-Injury Employer?
At Soul Legal, we typically recommend that workers, if possible, continue working with their pre-injury employer. This advice is more about the practicalities of workers’ compensation law than the law itself.
The reasoning behind this recommendation is often linked to the way workers’ compensation insurers approach claims. Insurers tend to become more adversarial if a worker decides to resign from their employment. Although the circumstances can differ based on the type of injury, the key issue is that employers and insurers may view the decision to resign as an indication of laziness. They might believe that the worker, who is physically capable of performing some kind of work, chooses not to fulfil these duties and instead opts to resign. In these situations, both the employer and insurer may perceive the worker as a “freeloader” who prefers to rely on workers’ compensation payments rather than continue working. This perception can make it more difficult for the worker to receive the compensation and support they need.
When Can Weekly Compensation Payments Be Stopped or Reduced?
Under Section 61 of the Workers Compensation and Injury Management Act, workers are entitled to receive weekly compensation payments unless the insurer provides written notice indicating their intention to either discontinue or reduce the payments. This means that, as long as the insurer has not formally communicated such an intention, the worker is entitled to continue receiving weekly compensation payments. However, this entitlement can end if the worker agrees to suspend their payments or if they return to work.
It’s important to note that returning to work doesn’t simply mean taking any job. Case law establishes that for a worker to have “returned to work,” they must resume a position similar to their pre-injury role. The worker must be engaged in a job that reflects their pre-injury duties and earnings, rather than just any job, in order to be considered as having fully returned to the workforce.
What Happens If an Employer Stops Paying Compensation?
If a worker resigns from their job and their employer stops paying workers’ compensation weekly payments, the worker has the right to file an application with WorkCover Western Australia, claiming an unlawful cessation of payments. It’s important for the worker to act quickly, as there is a general time limit of 21 days for submitting this application. While an arbitrator may extend this deadline, it’s preferable to avoid needing to request an extension.
If the application is successful and it is determined that the cessation of weekly compensation payments was unlawful, case law suggests that the worker will be entitled to compensation payments starting from the date of the breach. Importantly, the worker will not need to prove the extent of their incapacity to receive these payments. The worker’s entitlement will be recognised from the date the payments were wrongfully stopped.
Disclaimer and About Soul Legal
The information provided in this article is general in nature and should not be considered a substitute for professional legal advice tailored to the specific circumstances of your workers’ compensation claim.
Soul Legal is a law firm that specialises in workers’ compensation law and regularly represents injured workers at WorkCover Western Australia, the body responsible for workers’ compensation cases in the state. We offer our services on a no-win, no-fee basis for personal injury claims. If you have filed a workers’ compensation claim in Western Australia and are facing challenges, Soul Legal is here to assist. We offer a free assessment regarding your workers’ compensation claim. To discuss your case further, you can contact Soul Legal on 08 6558 1786 or visit our website at soullegal.com.au.
Conclusion
If you are dealing with a workers’ compensation claim in Western Australia and are considering resigning from your job, it’s crucial to understand the implications on your ongoing compensation payments. While it may be tempting to leave a workplace where you feel undervalued or frustrated, especially after a workplace injury, it’s important to consider the impact it may have on your entitlement to workers’ compensation.
In general, it is recommended that workers continue their employment with their pre-injury employer whenever possible. This helps maintain a positive relationship with both the employer and the insurance company, which is crucial in ensuring you continue to receive your compensation payments. Resigning from your role may result in complications, as insurers and employers may perceive it negatively, possibly leading to a reduction or suspension of benefits. This perception can make it harder for you to receive the full support you need during your recovery.
If you do choose to resign and your employer stops paying your compensation, it is vital to act swiftly. You have the right to challenge this decision by filing a claim with WorkCover Western Australia. If your claim is successful, you could be entitled to back payments from the date the payments were wrongly stopped.
In these difficult times, it’s essential to get expert legal advice. Workers’ compensation claims can be complex, and having a knowledgeable legal team on your side can make all the difference. At Soul Legal, we specialise in workers’ compensation law and have helped countless West Australians navigate this process. Don’t hesitate to get in touch with our experienced team to discuss your case. Our legal experts offer free, no-obligation assessments, ensuring you know where you stand with your claim. Let us help you get the compensation you deserve.
Frequently Asked Questions
Can I resign from my job while on workers’ compensation in Western Australia?
Yes, you can resign from your job while receiving workers’ compensation, but it may affect your ongoing payments. It’s important to consider the potential consequences and speak to a legal professional before making this decision.
What happens if I resign and my employer stops my workers’ compensation payments?
If your employer stops paying your workers’ compensation after you resign, you can file an application with WorkCover Western Australia. You may be entitled to compensation payments from the date the payments were wrongfully stopped.
Can my weekly compensation payments be reduced or stopped?
Yes, weekly compensation payments can be reduced or stopped if the insurer formally notifies you in writing. However, they cannot stop payments without following the proper legal process.
What does it mean to “return to work” in workers’ compensation claims?
Returning to work means resuming a position similar to your pre-injury role. This involves duties and earnings that reflect your original job, not just any employment.
How can Soul Legal help with my workers’ compensation claim?
Soul Legal offers expert advice and representation in workers’ compensation cases. We specialise in helping workers navigate the complexities of compensation law and ensure they receive the support they deserve. Contact us today for a free, no-obligation claim assessment.
Kevin Wong is the Director of Soul Legal and a seasoned Perth-based personal injury lawyer who has been passionately representing injured clients across Western Australia since 1991, handling everything from minor claims to complex catastrophic injury cases.
