Our client, a 48-year-old man in New South Wales, was employed as a sheep shearer having worked in this industry for 17 years.
On 29 June 2006, our client was involved in an accident at work while attempting to catch and shear a sheep. The sheep ended up kicking out and causing him to be thrust upwards resulting in injury to his back, knee and lower abdomen.
In addition to his physical injury, our client subsequently developed psychological illness. The psychological injuries included depression and post-traumatic stress disorder which were found to be incidental to the accident.
After making attempts to return to work through a work trial, it was clear he was unable to cope with the duties and found that these worsened his symptoms. Consequently, he ceased all work.
Contacting Gerard Malouf & Partners, our client was able to explore his options to make a worker’s compensation claim. However, following advice from our Solicitors, it was also clear that our lawyers could support a further TPD claim.
With assistance from Gerard Malouf & Partners, a claim was submitted to the Superfund for assessment. While the Insurer attempted to cause delay in the assessment of the claim by requesting further documents, our Solicitors maintained a firm position that the documents were not reasonably necessary to the assessment of the claim and accordingly, assessment should not be delayed.
To the clients great relief, the claim was successfully resolved for the full insured amount within three months of being lodged.
The TPD claims process can be unnecessarily delayed by various factors which are not always reasonable are justifiable. It is important to understand the role of the Insurer and Trustee and duties owed to you as a member of the Fund.
Gerard Malouf & Partners has expertise in conducting TPD claims and are here to help guide you in submitting your claim, ensuring your rights are protected and taking appropriate action where duties owed are breached. Please don’t hesitate to contact our firm on 1800 004 878 for a free consultation to discuss.