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Labourer Gets a Total and Permanent Disablement Settlement of $124,800

Case Overview
  • A 46-year-old labourer was a passenger in a motor vehicle that was involved in a collision.
  • This led to him being unable to meet the functional demands of his job, due to which his employer terminated him.
  • Gerard Malouf and Partners helped him secure a TPD benefit amount of $124,800.00.

Our client, a 46-year-old was last officially employed as a Labourer. He was a passenger in a motor vehicle that was involved in a collision. Our client was left in a state of shock following the accident and attended upon a general practitioner about pain in his right leg and low back.

Following the accident our client did not seek medical attention as he thought that the pain he was experiencing would settle overtime. At the time of the initial consultation with his GP our client was not complaining of pain in other regions of his body apart from his right leg and low back.

“He experienced increased pain over the weeks and after further investigation he was diagnosed with a fractured right hip. Over the course of a month, his hip injury deteriorated to the point where he found himself unable to walk.”

Angelica Adhar
Our Approach

Our client attempted to return to work following the motor vehicle accident but found himself unable to meet the functional demands of his role due to the extensive pain and as a result his employment was subsequently terminated. Following his termination he attempted a few periods of casual work, however, found that he required frequent extended breaks as he was unable to withstand the pain to meet the requirements of the job. His general practitioner had at this point certified him unfit for all work.

In most situations, injuries can set you back and can have a significant impact on an injured person’s financial situation putting burden on individuals and their families. They feel compelled to keep working even if they experience severe pain as they are left with no choice.

Returning back to work for short periods of time following an injury will not necessarily preclude you from claiming a TPD benefit. Our expert solicitors look to the medical evidence to determine when you were first determined as totally and permanently disabled. In most cases, it is the date you originally stopped work in a meaningful capacity.

The Result

Our detailed submissions in this case were able to convince the Superannuation Fund and their Insurer that our client’s date of disablement was effective from the date of his motor vehicle accident which resulted in our client receiving a TPD payout of $124,800.

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 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.

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.

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%.


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Gerard Malouf & Partners
 — Personal Injury Compensation Lawyers

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