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Resignation of Employment in Workers Compensation Claims Western Australia

One question that is commonly asked by injured people who have an accepted workers compensation claim is whether they can resign from their employment and what effect that will have on the workers compensation weekly payments they are receiving.

Many injured workers are unhappy with the way of their employer treat them after a workers compensation claim and it is common for the employer to give them work which can seem fairly meaningless for example someone who usually drives a haul truck in a mine may be made to do office work filing reports even though they have no experience in this kind of work and do not fully understand it.

Should the worker remain with their pre-injury employer?

Foyle Legal generally suggests that if it is still viable for a worker to remain with their pre-injury employer they should remain with the pre-injury employer.

The reason lies in the practice of workers compensation law rather than the law itself. For one reason or another insurers are usually more hostile in the event that a worker chooses to resign from their employment and while the situation varies from one type of injury to another the reason is often that the employer and insurer see the injured person as being lazy in that they are physically able to do some kind of work for the employer but choose not to do that work and but instead choose to resign. The employer and insurer often think that the injured person is a freeloader and just wants to live on the workers compensation weekly payments the insurer is making to the injured person.

When can weekly payments of compensation be ceased or discontinued?

Section 61 of the Workers Compensation and Injury Management Act it states that unless a  notice is provided by the insurer in writing stating that they intend to discontinue or reduce weekly payments of compensation then the worker is entitled to weekly payments of compensation unless he agrees to a session of his weekly payments or has returned to work. This should not be construed as return to work in any position, the case law is that the worker must return to work in a similar position to their pre-injury work as a wage to earning member of the workforce.

No Win No Fee Lawyers

Our guarantee to all qualified personal injury clients is that we don’t charge upfront legal fee unless you receive an award. Once you successfully receive compensation, we will try our best to recover most of our legal fees from the insurer to minimise your out-of-pocket expense.

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What if a workers employer stops paying?

In the event that a worker resigns from his employment and his employer ceases to pay workers compensation weekly payments a worker may bring an application with WorkCover Western Australia alleging in unlawful cessation of weekly payments of compensation , this should be done as soon as possible as there is a general time limit of 21 days which can be extended by an arbitrator, however, it is preferable that workers do not have to apply for leave to extend this 21 day period. If there is a finding that there has been an unlawful cessation of weekly payments of compensation then the case law indicates that the worker will be entitled to workers compensation weekly payments from the date of the breach, and does not have to prove the extent of his or her incapacity.

Disclaimer and About Foyle Legal

The information in this article is General in nature and should not be relied on in place of legal advice specific to the circumstances of your workers compensation claim.

Foyle legal Personal Injury Lawyer specialises in the area of workers compensation law and commonly represents injured people at WorkCover Western Australia,  the court for workers compensation in Western Australia. Foyle Legal represents injured people on a no win no fee basis in personal injury claims. If you have made a workers compensation claim in Western Australia and are experiencing difficulty Foyle Legal can help you. Foyle Legal offers an obligation free first consultation in respect of workers compensation claims. If you would like to discuss your workers compensation claim with us you can contact for Foyle Legal on 0408727343 or you can visit the Foyle Legal website at foylelegal.com.

christian foyle

Foyle Legal

Protecting your interests!

Foyle legal is a Perth Law firm specialises in compensation law. It is one of the most trusted and fast growing personal injury law firm in Western Australia. The firm offers No Win No Fee legal representation for all personal injury claims. If you have made a personal injury claim, contact Foyle legal for an obligation free claim review. We help you to maximise your injury compensation payout.

christian foyle

Foyle Legal

Protecting your interests!

Foyle legal is a Perth Law firm specialises in compensation law. It is one of the most trusted and fast growing personal injury law firm in Western Australia. The firm offers No Win No Fee legal representation for all personal injury claims. If you have made a personal injury claim, contact Foyle legal for an obligation free claim review. We help you to maximise your injury compensation payout.

My injury has been going on for 2 years and I didn’t know what to do. When I first went there, they spent the time to help me, instantly I was clear about what to do next. I have now received my compensation payout and I am happy with the outcome. I have referred them to my friends who have personal injury claims.read more
Jim Keo
Jim Keo
2018-10-31T15:35:41+0000
I was very happy as Foyle Legal got me almost double the amount I was expected for my foot amputation work injury.read more
Tim Martin
Tim Martin
2018-10-31T08:11:34+0000
Explained my workers compensation very well. Very experienced and knows what to do. I am happy with the good time frame. I appreciate your good job with your team thank you.read more
Deklinsman Nkemjika
Deklinsman Nkemjika
2018-10-10T09:16:57+0000
I did not know what to do with my stress related Workers compensation claim. Foyle Legal helped me to get reports from my GP and a psychiatrist. They provided me with as lot of help preparing statements. I am happy I had their representation as i was very stressed and i am happy with the way things turned out.read more
Liliana Andri
Liliana Andri
2018-09-26T04:16:01+0000
I underwent several years of being abused by passengers as a bus driver. Foyle legal helped mw to get the medical reports i needed in circumstances where my gp was slow in providing a report.read more
Karen Nevard
Karen Nevard
2018-08-30T06:49:54+0000
Just received my settlement check in time for Christmas. I couldn't thank Christian enough for his assistance with my injury claim. There lots of factors made my claim difficult but Christian and Foyle Legal team dealt with professionalism and understanding. I am happy with my settlement outcome, and would definitely use them again for my future injury claims.read more
Anthony Daniels
Anthony Daniels
2017-12-21T08:56:31+0000
I was injured at work and had a workers Compensation claim. Foyle Legal Were very helpful and always got back to me about my queries in a relatively short period of time which I think you would not get in a larger firm. They advised me about the settlement of my case and help me to get the most out of itread more
Vijay Sourinathan
Vijay Sourinathan
2017-12-20T02:53:28+0000
I had a bad work injury to my knee and needed surgery. The insurer refuse to pay for the cost of my surgery and I had to go through WorkCover WA for an acceptance of liability to pay for the surgery. Foyle legal helped me to get the medical evidence that I needed to take the matter towards a finalisation of my claim.read more
Roxann Campbell
Roxann Campbell
2017-11-14T08:27:49+0000
I went to another lawfirm before I went to Foyle legal. At the other lawfirm I was treated like a number, but it won't legal they help to pay for my medical expenses to get the most out of my work is compensation claim and I answered all of my questions.read more
Daniela Colantropo
Daniela Colantropo
2017-10-23T02:32:55+0000
I had a workers compensation claim and the insurer wanted to fight me about whether I was entitled to weekly payments of compensation. Foyle Legal helped me to get medical evidence regarding my case, they were quick and very helpful and provided excellent service in relation to my personal injury claim.read more
Suman Thilak
Suman Thilak
2017-09-22T05:29:20+0000
Christian from Foyle Legal was very helpful given my lack of knowledge of the law in respect of workers compensation claims and I ended up with a better result than I ever expected.read more
Paul Beard
Paul Beard
2017-07-13T08:58:07+0000
Christian Foyle and Foyle Legal helped me a lot with my workers compensation claim and the doctors report they obtained was really helpful. If it was not for them i dont think I could have pushed my claim as hard.read more
Ajak Kuer Ajak
Ajak Kuer Ajak
2017-03-29T03:51:32+0000
I had a workers compensation claim which Foyle Legal helped me with. They helped me with the medical reports i needed and gave me emotional support and I am happy with the outcome.read more
Lucinda Hogan
Lucinda Hogan
2017-03-29T02:02:07+0000
Christian Foyle from Foyle Legal helped me out with my workers compensation claim a lot. He was very professional, polite and courteous and very approachable. I am happy with the way Foyle Legal handled my claim and I got a fair outcome. Christian is one of the nicest people in legal services I have ever met.read more
Theresa Southam
Theresa Southam
2017-02-23T03:03:41+0000
The service I received from Foyle Legal was second to none. Christian was well informed and quick to reply. Very happy how the case progressed and with the settlement I received. I would highly recommend Foyle Legal.read more
Brendan Arthur
Brendan Arthur
2016-12-20T00:56:43+0000
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