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38-Year-Old Apprentice Receives TPD Payout Following Fall From Roof

Case Overview

Our 38-year-old client was last gainfully employed as an Apprentice Carpenter. While working on a job site, he slipped from the roof and suffered a substantial fall resulting in injuries to his right hip and shoulder. He continued to experience issues with his right shoulder and right upper extremity, culminating in his inability to maintain mobility in his right arm. He found himself unable to complete any of the functional demands of his previous role or that required in his day to day activities.

"As a result of the injuries our client sustained in the accident he was forced to cease work and as a result of his ongoing disabilities he has been unable to return to work in any capacity to date and has since developed adjustment disorder, anxiety and depression."

Angelica Adhar
Our Approach

By engaging our services, our client placed trust in us to make sure the Fund made a fair assessment of his claim. In turn, the Total and Permanent Disablement team at Gerard Malouf and Partners were able to identify the Superannuation Fund that the client belonged to, collect extensive medical evidence and prepare a detailed claim before submission. Further, they adhered to requests from the Fund and their Insurer in a prompt manner to avoid any unnecessary delay.

The Result

Our persistence and commitment towards our client’s claim provided an acceptance of his claim within 4 months of lodgment with a total benefit amount of $400,000.

Angelica Adhar Lawyer

Angelica Adhar

Law Clerk
There is no greater joy, nor greater reward than to make a fundamental difference in someone’s life. – Mary Rose McGeady
Frequently Asked Questions

More Information

In Australia, there are protections in place for people who suffer injuries or illnesses that render them permanently unable to work in their previous career. This is called total and permanent disability insurance (or TPD insurance) and it will provide a lump-sum payment that will help you maintain your finances to a certain extent, even as you can no longer earn an income in the traditional way.

It is important to note that you do not have to have suffered this injury or illness as a result of your job to make a TPD claim.

You can purchase TPD insurance as a standalone product from insurers, although there’s a chance you may already be receiving total or partial coverage under other policies.

There are various ways that you may be entitled to disability benefits, including through:

  • A superannuation policy;
  • Life insurance;
  • Income protection cover;
  • Mortgage protection or loan protection insurance;
  • Employment disability and/or trauma cover; and
  • Sickness or accident policies.

However, you may not know how much you are eligible to receive and what criteria you must meet. Check the wording of your policies closely and contact a personal disability claims lawyer for information if you want further clarification.

TPD claims, which are payouts from a type of disability insurance purchased either privately or through your super, have the lowest rejection rate of insurance cover and an approval rate of more than 80%.

In general, a TPD insurance claim takes around six months for the insurance company to assess. However, it can take longer if there is a dispute, or it can be wrapped up in a shorter time frame if your claim is extremely clear and you have the right superannuation disability attorneys on your side.

Be aware that once the insurance company has made its decision in regard to your TPD claim, the trustee of the superannuation fund will need to follow up with their own separate assessment of the claim. This can add an extra month or two to the process.


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Gerard Malouf & Partners
 — Personal Injury Compensation Lawyers

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