Resignation, causation and capacity
What happens to CTP weekly payments if I resign from my job?
Resignation changes the evidence, not the statutory test
CTP weekly payments do not automatically stop merely because you resign, and resignation does not guarantee that they continue. The insurer still examines accident-related loss, actual post-accident earnings, post-accident earning capacity and the applicable entitlement period. A voluntary resignation can create a causation dispute if the records do not explain why employment ended. Before resigning where practicable, obtain medical advice, document the duties and adjustments attempted, keep the employer communications and consider employment advice.
People resign for mixed reasons: symptoms, unsafe or unavailable duties, workplace conflict, relocation, caring responsibilities, a better job or reasons unrelated to the accident. The CTP file should not collapse those circumstances into one label. The insurer should decide which loss was caused by the accident injury and what work the claimant remains capable of doing.
Section 3.18 also requires prompt notification of return to employment, commencement of employment and changes in employment earnings. After resignation, tell the insurer about the end date, final pay and any new work rather than waiting for the next scheduled review.
Reviewed by Herman Chan, Stephen Young Lawyers

Why the reason for resignation matters
If the claimant resigns because certified restrictions cannot be accommodated, evidence should show the job demands, medical advice, adjustments requested, duties attempted and employer response. A resignation letter stating only “personal reasons” can make the later causation explanation harder, although the surrounding records may still clarify it.
If workplace conflict, performance action or an unrelated career choice caused the resignation, the insurer may argue the resulting wage loss was not caused by the motor accident injury. That argument does not erase a genuine injury or treatment claim, but it can affect weekly benefits for the lost employment period.
Health and safety come first. This page does not tell a person to remain in harmful employment. It explains why contemporaneous medical and workplace records are important when the employment decision later becomes part of a statutory calculation.
How can resignation affect the weekly-payment calculation?
Actual earnings may fall to zero after the final pay period. The formulas can still use post-accident earning capacity where it is greater. Before week 79, that capacity focuses on the pre-accident employment; after week 78, other reasonably available employment may be considered under the broader statutory factors.
Final pay can contain ordinary wages, accrued leave, notice, commission, redundancy or another amount. Obtain the payslip and breakdown. Do not assume the whole bank deposit is earnings for one week, and do not assume a leave payout changes PAWE without checking the statutory character and period.
Worked example: a claimant resigns after repeated failed modified shifts supported by treating notes. Actual earnings become nil. The employer and medical evidence may support accident-related loss, but the insurer may still assess capacity for particular hours. The dispute should address that capacity calculation, not rely on resignation alone.
What if the insurer stops or reduces payments?
Ask for a written decision identifying whether the insurer relies on causation, actual earnings, earning capacity, failure to mitigate or another provision. Obtain the final payroll record, resignation communications, Certificates of Fitness and evidence of duties or adjustments attempted.
If new employment begins, report it immediately and provide the rate, hours and payslips. A genuine attempt to return to work does not automatically end the claim, but undisclosed earnings can lead to recalculation and recovery issues.
The amount of weekly benefits can be reviewed through the statutory merit review process. A separate employment dispute about dismissal, adverse action, leave or contractual rights may require employment advice and has different time limits. Do not assume a CTP review protects those rights.
Practical next steps
Protect the evidence before and after resignation
Record the employment decision without compromising urgent health needs.
Obtain medical advice
Ask the practitioner to address the actual duties, hours and restrictions.
Document workplace options
Keep requests for adjustments, duty offers, failed shifts and employer responses.
State the reason accurately
Avoid a vague resignation record where the true reason can be explained.
Provide final payroll evidence
Separate wages, leave, notice and other termination amounts.
Respond to the insurer decision
Identify whether causation, earnings or capacity is being disputed.
Evidence
Resignation and CTP evidence checklist
The chronology should explain why employment ended and what capacity remained.
- Resignation letter and employer acknowledgement.
- Medical advice given before and after resignation.
- Role description, duty offers and adjustment requests.
- Return-to-work plan and records of attempted shifts.
- Final payslip and termination-payment breakdown.
- Certificates of Fitness for the relevant periods.
- Evidence of job search or new employment.
- Insurer amount and capacity decisions.
Common resignation mistakes
- Do not assume resignation automatically ends weekly benefits.
- Do not assume zero wages automatically proves zero capacity.
- Do not describe an injury-related resignation as “personal reasons” without preserving the true evidence.
- Do not conceal final pay or new employment.
- Do not rely on CTP advice for separate employment-law rights.
Timing
Different decisions have different time limits
Preserve the date of the resignation and every resulting decision.
- Notify the insurer promptly of the resignation, final pay and any new job.
- Keep the date of a cessation, reduction or capacity decision.
- Follow the internal-review and PIC information in the insurer’s decision.
- Seek separate advice urgently if employment rights or dismissal are also disputed.
Frequently asked questions
- Will CTP payments stop on my resignation date?
- Not automatically. The insurer must apply the statutory entitlement and calculation rules to the evidence and give a written decision where required.
- What if my doctor told me to stop the job?
- Keep the contemporaneous advice and ensure it addresses the real job demands. The insurer may still assess capacity, but the treating reasoning is important evidence.
- Can I resign because no suitable duties exist?
- That may be a practical employment decision, but document the restrictions, options considered and employer response. Obtain employment advice where needed.
- Does a leave payout count as weekly earnings?
- It must be characterised and allocated correctly. Obtain the payroll breakdown rather than treating the full deposit as ordinary wages for one week.
- What if I start a new lower-paid job?
- Report the work and wages immediately. The weekly calculation may still show partial loss, subject to capacity and the applicable statutory section.
- Can the insurer recover payments made after resignation?
- Recovery depends on whether an overpayment occurred and the legal basis. Section 3.20 is limited to return to or commencement of employment, or a change in employment affecting earnings; resignation alone does not trigger it. Section 3.43 is broader. Obtain the calculation and legal basis before agreeing to repayment.
Related NSW CTP guides
Official sources
- Motor Accident Injuries Act 2017 (NSW), current in-force version
- Motor Accident Injuries Regulation 2017 (NSW), current in-force version
- SIRA Motor Accident Guidelines, current published version
- SIRA Motor Accident Guidelines Part 4: claims
- SIRA: CTP vocational support and recovery at work
This page is based on the current Motor Accident Injuries Act 2017, the Motor Accident Injuries Regulation 2017 and Motor Accident Guidelines version 10.1. The correct result depends on the accident date, entitlement period, written insurer decision and current evidence.
Resignation and weekly benefits
Has your insurer changed payments after you resigned?
Send the resignation record, final payslip, medical evidence and insurer decision. We can separate the causation, actual-earnings and capacity issues.
General information only: This page provides general NSW CTP information, not legal, employment, accounting, tax or financial advice. It does not calculate an individual weekly benefit, determine work capacity, guarantee a review outcome or extend any time limit.