Workers Compensation When You Stop Working For An Employer

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 Paymentsor read our article regarding Unlawful Discontinuance of Workers Compensation Weekly Payments.

Ceasing Employment

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 49 of the Workers Compensation and Injury Management Act 2023 (WA) protects workers who resume or attempt to resume work. It provides that if a worker who has an incapacity for work resulting from an injury resumes or attempts to resume work, and is unable, on account of the injury, to perform or continue to perform the work, the resumption or attempted resumption of work — or the inability to perform or continue to perform the work — does not prejudice any entitlement to compensation under the Act that the worker would otherwise have. In practical terms, if you return to work and your injury prevents you from performing or continuing the work, your entitlement to compensation is not lost because you tried.

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. Under the Workers Compensation and Injury Management Act 2023 (WA), an employer cannot reduce or discontinue income compensation on the basis of your return to work unless it has first informed you, in accordance with the regulations, of the basis for the reduction or discontinuance and the amount (if any) of income compensation that will be paid for any partial incapacity (section 63). If the proposed reduction or discontinuance is based on medical evidence about your capacity for work, the employer must give you written notice of the proposed action together with a copy of that medical evidence, and you then have 21 days to apply for conciliation of a dispute about the proposed action — if you apply within that 21-day period, the employer cannot proceed until the dispute resolution process has been finalised (section 64). These can be disputed.

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.