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Successful TPD claim secured for a client who became disabled whilst performing repetitive office work

  • Angelica Adhar
Case Overview

Our client is a 51-year-old woman who was last employed as a Customer Service Officer. In 2009, she began to experience pain in her right upper arm as a result of the repetitive hand and arm movements required in her office role.

After taking some time off her work duties in 2010 she returned to work in 2011, however, in the months and years following her return to work, she observed an exacerbation of upper arm pain and became restricted in the use of her upper limbs. Upon seeing that her conditions were getting worse, our client attended upon her doctor and trialled a number of treatment options over the years which included but was not limited to cortisone injections, pain medication and physiotherapy. Failing all treatment available to her she was eventually forced to cease work due to her ongoing pain and disabilities in 2018.

"Many clients are not aware that they may have insurance cover attached to their superannuation policies. On most occasions, employers select your Superannuation plan at the time of setting up your account. 

These plans usually dictate the type of insurance cover applicable to you in accordance with your circumstances. Further, premiums to support your insurance cover are often deducted automatically so it’s not uncommon to not notice this on a month to month basis."

Angelica Adhar
Our Approach

Our client initially contacted the Solicitors at Gerard Malouf and Partners in relation to a Workers Compensation claim. While her condition was a result of the nature of her employment duties, we fortunately identified that there could be two simultaneous claims to be made on her behalf.

It is important to contact Solicitors who are well versed in various claims such as Workers Compensation and Total and Permanent Disablement to ensure that you receive maximum compensation for your entitlements.

Our expert TPD Solicitors understand the importance of making sure these claims are accepted and as such, have a thorough preparation process. They also understand that commitment to the claim is as equally important following submission.

Check if you have a case, contact us now for a free consultation at 1800 004 878.

The Result

During assessment, our Solicitors remained determined to provide the Fund with whatever information or documents they required to assist with their assessment process which resulted in the claim being successfully approved for $250,000.00 within a few months of lodgement.

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
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Frequently Asked Questions

More Information

TPD stands for Total and Permanent Disability, and is usually attached to life insurance provided by your superannuation fund. It delivers a lump-sum payout if you have a medical diagnosis indicating that your life has been irrevocably changed and you will most likely never be able to work again.

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Fortunately, compensation is typically available for TPD sufferers through their superannuation fund or separate insurance policies. But what if you have TPD protection under more than one type of policy? Can you make multiple claims?

You’ll be happy to learn the answer is often ‘yes’. However, there are some factors to consider before pursuing claims.

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Workers’ compensation is the payment that companies make to their employees who have been injured on the job. Typically, this works as a form of insurance that employers pay into. As a result, the exact payout of a workers’ compensation package is typically worked out with an insurance company, although the exact rules vary by state. Workers’ compensation can cover a large variety of work-related physical and psychological injuries or illnesses. In general, if your injury or illness was incurred at work you may have a potential case. Consulting an experienced legal team can help you to determine if your injury is sufficient for a claim. To be eligible for workers’ compensation, you must report your injury and consult a medical professional, who will give you a medical certificate that says your injury is legitimate. After that, you’ll be able to submit a claim for workers’ compensation. This claim should be made within three months of your injury, however, this is not a strict deadline.
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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.

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