Former Labourer wins 2 TPD claims totalling $455k
- 20 May 2021
- Gerard Malouf
Case Overview
- Our client suffered a workplace injury from a scaffolding collapse.
- We supported our client with multiple liability claims they were entitled for, and we submitted a Lost Super Search to identify if they had insurance with any superfunds.
- We were able to finalise our clients claims for $455k on top of their pre-existing claims .
Our client was employed as a plumber when he sustained a workplace injury after a scaffold collapsed. He was only 22 years old at this time and so his employment history was confined to manual work, however was also an up-and-coming musician featured in the ARIAs.
As a result of his injuries, our client began to experience chronic pain and functional limitations associated with standing, kneeling, weight-bearing, and concentration. The requirement of being able to perform these activities was integral to our client’s pre-injury work. His restricted capabilities made it unlikely that he would be capable of performing his pre-injury duties and return to employment, particularly considering his young age and limited education, training, and experience.
“The effects of a workplace injury can echo into every aspects of ones life. For this reason, financial relief can be a critical factor in facilitating further treatment, supporting a family or just getting on with life.”
GERARD MALOUF
Our Approach
Our client held existing workers compensation and public liability claims with Gerard Malouf and Partners and in light of his cessation of work, our client was identified as potentially having a further entitlement for total and permanent disablement.
As part of our services, a Lost Super Search was undertaken which revealed that our client held active insurance with two superfunds – AMP and Cbus. Therefore, he was entitled to make two TPD claims which our client was completely unaware of.
Our solicitor was mindful that in some instances where an individual is relatively young, it can be perceived that they have the capacity to retrain or possess transferrable skills which would allow them to return to employment. Further, considering his musical career, there was a potential argument that he would be able to resume to sedentary work even if he were unable to resume his manual work.
For this reason, upon lodging the claims, these potential issues were addressed before they could be raised. For example, our solicitor argued in accordance with the principles established in Hellessey v MetLife Insurance Limited [2017] NSWSC1284, that our client’s age did not automatically insinuate that he had the capacity to undertake retraining in alternative job industry and therefore disentitle him from making a claim. Upon review of various medical and employment documents which had been gathered, both claims were prepared and lodged with responses issued in respect of the additional requests from the Funds.
The Result
The claim was approved within 6 months after lodgement for a total of $455,000.
Gerard Malouf
Principal
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