The short answer is yes. In most cases, you can claim WorkCover benefits even after resigning from your job in Queensland. However, there are some factors to consider that might affect your claim.
Understanding your rights
Have you resigned from your job and begun investigating WorkCover claims? Before proceeding, it’s best to know as much as possible about the process.
- Your injury matters most: The crucial factor in a successful WorkCover claim is proving that you sustained an injury or illness as a direct result of your work. It's important to gather strong evidence supporting this.
- Time limits: While you can make a claim after your resignation, it's always best to submit your WorkCover claim as soon as possible after your injury. There are time limits under the Workers' Compensation and Rehabilitation Act 2003. Generally, you should notify your employer and lodge a claim within six months of the injury.
- Reasons for resignation: While you generally can claim after resignation, your reasons for leaving could sometimes affect your claim. It's best to seek legal advice if your resignation was related to your work injury, illness, or the treatment you received.
What Happens If I Resign While on WorkCover?
If you decide to resign while already receiving WorkCover benefits, here are some points to remember:
- Notice period: Your employer may still be required to give you appropriate notice or a payment in lieu of notice. Check the National Employment Standards for guidance.
- Continued entitlements: Even after you resign, you might still be entitled to ongoing WorkCover benefits, including payments for income loss and medical expenses.
- Proving incapacity: Your insurer may argue that your resignation indicates you are no longer unfit for work. Be prepared with evidence, such as medical certificates, to show the continuing impact of your injury.
Important considerations
Unfortunately, some employers may act unfavourably toward employees injured at work. Make sure your resignation is not influenced by pressure or perceived threats from your employer regarding your WorkCover claim.
If you're unsure about your rights or face challenges with your WorkCover claim after your resignation, consulting a personal injury lawyer specializing in WorkCover matters is a smart step. They can help you navigate the process and protect your entitlements.
Where to find help
- WorkCover Queensland: Their website has a wealth of information and resources to support injured workers.
- Legal Aid Queensland: Provides legal assistance if you have a low income or meet their eligibility criteria. Visit the website here.
Queensland workers can rely on Smith's Lawyers for risk-free expertise in workers compensation claims. Our team serves all of Queensland, from Brisbane, Gold Coast, and Sunshine Coast to Logan, Ipswich, and regional hubs like Cairns, Toowoomba, Townsville, Rockhampton, Bundaberg, and Mackay.
