Quitting a job due to an injury: answers to common questions
If you’re thinking of quitting your job because of an injury, this article should answer many of the questions you might have:
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Quitting a job because of an injury that isn’t work related
If you’re sure the injury isn’t work related (was it aggravated by work at all?) then I assume you don’t have a WorkCover claim.
If your ability to work is impacted to the extent that you can’t work at all, you may be able to claim income replacement benefits through your superannuation.
Some people have income protection insurance through their super, so you should consider looking into this.
You may also be in the position of having a standalone income protection policy.
If you don’t have an income protection policy and you’re unable to work, you may need to contact Centrelink.
You’ll need to pay for medical expenses yourself unless you have private health insurance or similar.
If you return to work and aggravate the injury at a new job (even though it’s a pre existing injury), you still might be able to lodge a WorkCover claim.
The law says that the injury doesn’t need to be a new injury, and that an aggravation of a pre existing injury in some cases is compensable.
When you quit, if you’re a permanent employee you’re entitled to be paid out your annual leave and long service leave entitlements.
In some cases, usually if you’re covered by an EBA, you’ll also be entitled to be paid out your sick leave.
Quitting a job because of an injury that is work related
If you don’t have a WorkCover claim
Then you need to give consideration as to whether you want to lodge a claim. This page might help you.
You do not need to lodge the claim while you’re still with this employer.
Yes, it is preferable to do so. But it isn’t essential to having an accepted WorkCover claim.
If you elect not to lodge a claim and you can’t work, you’ll need to rely on income protection policy or Centrelink.
If you do have a WorkCover claim
If the reason you quit your job is because of the incapacity to do the job relating to your injury, then you need to make it clear when you’re resigning that this is the reason.
This means specifying it on your resignation letter.
If you quit your job and don’t specify that the reason you’re quitting is because of your work related injury, in some cases your weekly payments can be impacted.
However, if you do make it clear that this is the reason, your weekly payments should remain unaffected.
Your entitlement to medical and like expenses should not be impacted by your resigning.
Likewise, your entitlement to an impairment benefit lump sum will not be impacted by you resigning, nor will a common law claim for damages.
However, before you resign – if you’re on WorkCover, it’s a good idea to obtain legal advice just so you can get advice tailored to your specific circumstances.
If you’re wondering as to what impact a WorkCover claim might have on future employment, as well as what your rights are as far as disclosure of an injury or a previously WorkCover claim, this article should help you.