A Guide for Injured Workers in Claiming WorkCover After A Resignation
If you’ve resigned from your job but suffered a work-related injury or illness, you might be wondering: ‘Can I still claim WorkCover?’ The short answer is yes, in many cases, you can still claim WorkCover benefits even after you resign. However, the process can be complex, so it’s essential to understand your rights under Queensland workers’ compensation law.
What is WorkCover?
WorkCover Queensland is the state’s workers’ compensation scheme. It provides benefits to employees who are injured or become ill due to their work.
Benefits can include:
- Weekly income replacement payments
- Medical and rehabilitation costs
- Lump sum payments for permanent impairment
- Potential access to common law damages if the employer was negligent
Tip: Even if you’ve left your job, you may still be eligible for these benefits if your injury happened while you were employed.
Can I Claim WorkCover After I Resign?
Yes. If your injury or illness is work-related and occurred before you resigned, you are still entitled to make a claim.
It doesn’t matter whether you left your job voluntarily or were terminated; what matters is when the injury occurred. If you haven’t already done so, lodge your WorkCover claim as soon as possible. Delays can affect your entitlements.
How to Lodge a Claim After Resignation
Lodging a claim post-resignation isn’t very different from doing it while still employed, but you’ll need to be thorough. Here’s what to do:
- See your doctor and get a Work Capacity Certificate.
- Complete the workers’ compensation claim form via WorkCover Queensland’s website.
- Attach supporting documents (medical certificates, proof of employment, resignation letter if needed).
- Submit the claim online, by mail, or through your doctor.
Keep copies of all forms and emails, and always follow up to confirm your claim is received.
What If I’m in My Notice Period?
If you’ve resigned but are still working through your notice period when the injury happens, you can still lodge a claim. You must provide a valid medical certificate (Certificate of Capacity) to support your claim and confirm your work capacity.
Tip: Always provide the correct notice period based on your employment contract or the National Employment Standards (NES). This ensures you protect any remaining entitlements.
Will My WorkCover Benefits Continue After I Leave?
Yes, even after you resign, if your claim is accepted, you may continue receiving benefits throughout the workers’ compensation period. This will be determined by the severity of your injury and your capacity to work if your claim is accepted, and your benefits can continue after your employment ends, including:
- Weekly compensation payments (based on your previous earnings)
- Ongoing medical treatment
- Rehabilitation support
However, how long you receive these benefits depends on your level of injury, your capacity to work, and whether you pursue a statutory claim or a common law claim. Keep copies of all medical reports and WorkCover correspondence. You may need these when dealing with insurers or if your claim is disputed.
Starting a New Job While on WorkCover
You can start working for a new employer while receiving WorkCover benefits, but you must let WorkCover know. It’s essential to understand the implications, as WorkCover may adjust your weekly payments based on your new income.
Your new employer is not responsible for your existing injury, but they may be required to provide suitable work and accommodate your needs as an injured worker, while WorkCover Queensland continues to manage your claim.
Types of WorkCover Claims
There are two main types of workplace injury claims:
- Statutory Claims – No-fault claims that provide weekly payments and medical expenses.
- Common Law Claims – Claims where you seek damages for employer negligence. These require legal proof and can result in higher payouts.
You can pursue a statutory claim and then decide later whether to take legal action under common law. Always seek advice before deciding.
Psychological Injuries and Resignation
Mental health injuries such as anxiety, PTSD, or depression due to work can also be covered by WorkCover, but they’re more complex:
- You must show that the injury is work-related.
- Claims involving stress or bullying often require strong evidence and psychological reports.
- If you resigned because of mental health concerns, this could strengthen your claim.
Tip: Psychological claims often take longer. Get help from your GP early, and document any workplace incidents.
When Can You Claim Workers’ Compensation?
Understanding how WorkCover is processed after resignation is helpful if you are considering applying for WorkCover entitlements, as
- You resigned and then noticed symptoms of a repetitive strain injury (RSI): If the injury is related to your previous duties, you can still claim.
- You were working out your notice period and had a slip or fall: You’re still employed and covered – lodge the claim right away.
- If you resigned because of an injury (workplace stress or bullying), you may be able to claim WorkCover and explore other legal options, such as a psychological injury claim.
Tip: Keep a detailed timeline of events, symptoms, and communications with your employer. This will help support your claim.
What If My Claim Is Rejected?
Claims can be rejected for various reasons – late lodgment, insufficient evidence, or disputes over whether the injury is work-related.
If this happens:
- You’ll receive a written decision from WorkCover.
- You can request a review through the Workers’ Compensation Regulator within three months.
- Consider speaking to a personal injury lawyer who specialises in QLD workers’ compensation.
A rejection doesn’t mean the end. Many claims are successful after appeal or legal review.
What About Permanent Impairment?
If your injury causes permanent impairment, you may be entitled to a lump sum payment. This may not be a workers’ compensation payment, but accessed through your superannuation or insurance. This must be assessed by a qualified medical professional and may limit your future employment options.
Tip: Accepting a lump sum may affect your right to bring a common law claim. Don’t sign anything without legal advice.
Can I Be Discriminated Against for Claiming?
Some workers fear that making a WorkCover claim may affect future job prospects or damage their reputation, but remember:
- You have a legal right to claim if you’re injured at work.
- Employers cannot discriminate or retaliate against you for making a legitimate claim.
- If you experience unfair treatment, seek legal advice immediately.
Understanding Your Legal Rights
Injured workers have legal rights and entitlements under workers’ compensation legislation and personal injury law. It’s essential to understand your rights and to seek independent legal advice, such as the experienced team at AMK Lawyers, to help manage the claims process.
Injured workers should be aware of the time limits for making claims and the requirements for providing notice and supporting documentation. Workers’ compensation claims can be complex, and injured workers should seek legal advice to ensure they receive fair compensation and to protect their rights.
If you need assistance making a WorkCover claim after a resignation, please get in touch with our workplace injury lawyers, for a free claim assessment.