Changing Job Duties With the Same Employer
Changing to a new role that is safer, lighter, or more stable is often better for injured workers. Employers must establish a Return to Work Program if your doctor certifies you with the capacity to work or requests one on the progress certificate. Your GP might specify that you are not fit to return to the same pre-injury duties and require a different role with lighter/modified duties. Your employer must still make weekly payments based on your pre-injury earnings, even if you have a lighter workload or your new job role pays less. If the new role is at a lesser rate, then you may still be entitled to some top-up payments unless you enter into a new contract of employment.
Remember, it’s important to prioritise your well-being. Returning to work too soon can hinder your recovery or cause further injury. Seek guidance from a GP you trust to ensure that you are ready to return to work.
Learn More: Returning to Work After Workplace Injury
Moving to a New Employer During a Claim
Employees aren’t obligated to stay with their employer just because their workers compensation claim has been accepted. Sometimes, a worker’s injuries prevent them from returning to the same employer or the same industry. In this case, new work options should be explored. This is common in the industrial and construction industries.
You should seek approval from your doctor when starting a new job. However, it’s strongly recommended that you get an updated Certificate of Capacity from your GP beforehand. This will confirm to both the original and new employer that you are fit to work at the new job and that your new duties align with any work restrictions. Failing to tell your doctor about new employment may negatively affect your compensation claim. This is because if you previously told your doctor you were unable to work and then began working, it may create the appearance of dishonesty regarding your true work capacity.
Resigning while on Workers Compensation
Quitting your job should not affect the weekly payments you are on at the time. There are only a limited number of ways employers can stop payments and doing so based on a resignation is not one of them. If you’re resigning to start a new job, it’s important to inform your employer and their insurer who your new employer is, what your role is, how much you are going to earn and when you start. Workers may be entitled to top-up payments if the new job earns less, but also those who fail to report new earnings could face overpayment recovery if they are earning more.
It’s fairly common for workers to have their weekly payments unfairly ceased based on resignation. If you made a full “return to work” (as defined in the WC Act 2023) before you resigned, your payments will not be reinstated since you had previously demonstrated your capacity to work fully. It’s strongly recommended to seek advice from a workers compensation lawyer for further guidance.
How Changing Jobs Affects Your Weekly Payments
Weekly payments are based on pre-injury earnings. This is calculated based on a worker’s average earnings 12 months before the injury. The original employer must continue covering your workers compensation if you change employers for a lesser role due to your injury. If you return to work with fewer hours or in a new role that pays less, you may continue receiving top-up payments to equal your pre-injury earnings. The insurer should send you a Return to Work Notice to reduce or stop payments if you have returned to paid employment and are earning the same or more than the calculated weekly payment rate. However, you may still be entitled to medical compensation payments if you haven’t returned to your full pre-injury duties and hours.
If your new role pays equal to or more than pre-injury earnings, weekly payments may cease. Medical expenses should continue to be covered for your original injury even if you change to a new employer. This may include medications, surgeries, rehabilitation and other approved treatments.
Looking for Workers Compensation Advice?
It’s best to seek legal advice if you’re considering changing jobs while on workers compensation. A workers compensation lawyer will ensure your rights are protected and ensure a smooth transition into your new job. Get in touch with Anvil Legal today for a free consultation. Speak with a qualified lawyer who can explain your options.