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A Man Secures a TPD Settlement of $138,000 Within One Month of Lodgement

Case Overview
  • A dockhand of a transport company was awarded for his work that led to an internal team conflict and he experienced workplace harassment.
  • Later on, his wellbeing deteriorated resulting in hospitalization and he was forced to cease work and has not been able to work since.
  • Gerard Malouf and Partners helped him to secure a TPD benefit amount of $138k.

Our client last worked as a dockhand for a transport company. He had great work ethics and was awarded extra shifts, however, this allegedly caused conflict with other co-workers, some of which began to racially abuse, harass and spread rumours about him. The harassment got worse over time and our client had to approach management and the union to lodge his complaint.

Instead of supporting him, members of the union tried to convince him to withdraw the complaints on multiple occasions. When he refused, the harassment and verbal abuse escalated. Our client became subject to isolation from his work colleagues, which severely impacted his mental health. As work tensions evolved, our client was informed that he would need to work in a caged area, however, this did not protect him from the abuse of colleagues outside the cage which continued over 6 months. His wellbeing deteriorated resulting in hospitalization. He was forced to cease work and has not been able to work since resigning from his position.

“When choosing a legal professional to assist you with your claim, it is important to seek the expertise of professionals who know your matter and know what it takes to get it over the line.”

Angelica Adhar
Our Approach

Our client-first engaged Gerard Malouf and Partners in respect of a Workers Compensation claim. He had been unhappy with how his previous Solicitors had handled his Workers Compensation claim and was looking for a team who could handle his case with the care, diligence, and sensitivity to address complex matters. Our Solicitors went above and beyond to take his matter to Court and also refer his claim to our Superannuation department.

Our Superannuation solicitors acted on his claim for Total and Permanent Disablement (TPD) without delay. They used the available resources available in his workers’ compensation claim, saving time, resources, and our client costs to efficiently prepare his claim for submission on the superannuation fund.  

The level of care and preparation implemented by our staff led to the claim being admitted within a month of submission. Our client was delighted as he had not worked in some time and is currently awaiting the settlement of his other matter.

To discuss any potential entitlements you may have, please contact our firm for a free consultation on 1800 004 878.

The Result

As a result of the putting forward an extensively detailed claim on the superfund our client’s claim was approved within one month following lodgement for an insured TPD benefit amount of $138,000

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 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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