We were recently contacted again by several injured workers who asked us whether they could or should resign from their jobs. One is a nice woman who broke her heel at work. It lead to a surgery and she is in the middle of physio therapy. Her job requires her to stand all day so she could not yet return to work. But she also stated she never wanted to return because she was worried about having to stand even when the doctor cleared her to do so and also because her boss is a pain in the b*tt. So he asked us, “Can I quit my job right now?”
Injured at work? Don’t resign from your job
Our advice was to not resign from her job. Right now she’s getting 80% of her wages and will continue to do so until her doctor gives her a full duty release (fit for work) or the employer comes up with a light duty job, perhaps sedentary for her. If she quits, she will stop getting paid if the employer says that there is now *magically* a light duty job available and she could have had it if he hadn’t resigned from her pre-injury job. Many workcover insurance companies will tell the employer to create a job when they know that will give them the green light to cut off benefits. She’d probably still get her medical care paid for, but would be without money (no weekly payments).
Now, obviously, if this injured worker had a new, good paying job lined up that would accommodate her restrictions, resigning might be OK as long as she is sure that the job will be long term and there’s no real risk of aggravating the injury on the new job. Otherwise, the time to resign is when you have a full duty release (fit for work) from your doctor and your employer wants you back.
Once you resign and lose some of your rights under the workcover law, you typically can’t get them back!
In this particular case. the injured woman’s lawyer also advised her not to resign from her job, even though she hates it there!
Somewhat related articles
- Can I resign when I am on workcover?
- What if an injured worker resigns in the heat of the moment?
- Injured worker resigned but employer remained liable for workers compensation