Foyle Legal is seeing an increasing amount of injured workers who are not receiving weekly payments of compensation in circumstances where:
- Liability for the workers compensation claim is accepted; and
- Workers Compensation Weekly Payments have been made by the workers compensation insurer to the worker in the past; and
- The worker quits their employment or is terminated; and
- The worker has not consented to their payments ceasing or received a Notice to Worker of Intention to Discontinue or Reduce Payments. For more about this very important document you may want to watch our youtube video about the Notice to Worker of Intention to Discontinue or Reduce Payments or read our article regarding Unlawful Discontinuance of Workers Compensation Weekly Payments.
There are a lot of different ways that workers can cease their employment, but Foyle Legal has observed that with respect to physical workers compensation injuries, it is common for a worker returns to work on light duties, usually as part of a return to work programme. After a short period on light duties the worker is told that no work is available within their restrictions. They are terminated or feel as though they have no choice but to quit.
The Law Regarding Termination of Employment While on Workers Compensation
Section 84AA of the Workers Compensation and Injury Management Act 1981 states that where a worker who has been incapacitated by injury attains partial or total capacity for work in the 12 months from the day the worker becomes entitled to receive weekly payments of compensation from the employer, the employer shall provide to the worker with either the position the worker held immediately before that day if it is reasonably practicable to provide that position to the worker; or if the position is not available, or if the worker does not have the capacity to work in that position, a position for which the worker is qualified; and that the worker is capable of performing, most comparable in status and pay to the position the worker held immediately before the day the worker became entitled to receive weekly payments of compensation.
Illegal Cession of Weekly Payments – What You Can Do
Foyle Legal has seen several clients who have been terminated or have quit their pre-accident work, following which they do not receive anything by way of workers compensation weekly payments even though they are totally or partially incapacitated for work.
It is not legal for payments to be discontinued in this manner unless the worker consents or the worker has received a Notice to Worker of Intention to Discontinue or Reduce Payments and your employer complies with Section 61 of the Workers Compensation and Injury Management Act 1981 .
If your payments have been ceased illegally, Foyle Legal Personal Injury Lawyers can assist you in an application for weekly payments of compensation. There are no filing fees and Foyle Legal can act on a no win no fee basis. Contact us on 0408 727 343 for an obligation free consultation.