The Australian workforce is an increasingly mobile one where people move around jobs more frequently than they once did in search of better wages, conditions and advancement.



This trend means it’s quite possible for an employee who sustains a work-related injury while working for one employer to leave that workplace before lodging a workers’ compensation claim. If you've recently parted ways with your former employer, you can still lodge a WorkCover claim for a work-related injury or illness under the Workers' Compensation and Rehabilitation Act 2003 (the Act) – but there are some things to consider which we’ll discuss in this article.

What’s involved in a claim?

The Act sets specific time frames for lodging a WorkCover claim. In general, you must give written notice of your injury or illness to your employer within six months of becoming aware of it. However, if you left your job before noticing the injury or illness, the time limit is extended to six months after the termination of your employment.

It's crucial to note that these time limits are not absolute. The Act allows for exceptions in certain circumstances, such as if there is a reasonable excuse for the delay, or if the insurer considers that the failure to give notice within the prescribed period would not prejudice the insurer's ability to determine the claim.

Late claims: If you've missed the initial deadlines for lodging a claim, it’s still possible to submit a late claim but you'll need to provide a reasonable excuse for the delay. Some examples of reasonable excuses include:

• you were unaware of the seriousness of the injury or illness;
• you were receiving medical treatment which prevented you from being able to lodge the claim promptly;
• you were waiting for your condition to stabilise before lodging the claim;
• there were other exceptional circumstances that prevented you from lodging the claim on time.

The insurer will consider your explanation and determine whether to accept the late claim. If the insurer rejects your claim due to the delay, you have the right to appeal the decision.

Rights and entitlements when making a claim

Regardless of whether you've left your former employer, you have the same rights and entitlements as any other injured worker under the Act, including:

• If your injury or illness prevents you from working, you may be entitled to weekly payments to replace your lost income.
• Your medical treatment, rehabilitation, and related expenses may be covered by WorkCover.
• Depending on the severity of your injury or illness, you may be eligible for lump sum payments for permanent impairment or other benefits.
• WorkCover can provide support and resources to help you return to suitable employment, either with your former employer or elsewhere.

It's important to note that the specific entitlements and compensation amounts will vary depending on the circumstances of your case and the extent of your injury or illness.

Things to consider

It’s important to carefully consider your situation if you are injured in a workplace and then decide to resign. This is particularly crucial when it comes to claiming weekly benefits for lost income. If you resign and your employer argues you could have continued to earn an income from them - on changed or reduced duties, for example – deciding to quit may affect your entitlement to weekly compensation payments.

It's also important to check your notice period before deciding to leave your workplace while on WorkCover, in case entitlements such as annual leave have accrued before the compensation payments began.

Need more detail? Contact our compensation experts

If you're unsure about your rights or the process of lodging a WorkCover claim after leaving your former employer, contact one of our approachable legal professionals. We specialise in all forms of compensation, including workers' compensation, and can guide you through the claim process and advocate on your behalf despite the fact you no longer work at the place where you were injured.