Case Overview
- Our client was a secondary School Teacher with the Department of Education who suffered incidences of workplace bullying and harassment.
- Our client engaged with Gerard Malouf & Partners to support her Workers Compensation Claim.
- We identified potential further claims on our clients behalf, and won $274,000 compensation within 2 months of lodgement.
Following incidences of workplace bullying and harassment, our client experienced symptoms of severe anxiety and depression ultimately leading to the cessation of all employment in 2015.
In addition to anxiety and depression, our client suffered from agoraphobia, memory impairment, frequent nightmares, had difficulty concentrating and making decisions. She was also subsequently diagnosed with secondary conditions including SLE, cerebral lupus and lumbar puncture in 2017.
Our client first became psychologically incapable of returning to work due to her high levels of generalised anxiety, reduced threshold for agitation and panic episodes under normal levels of classroom stress. This was also accompanied by low mood, impaired attention, concentration and memory.
“The date of disablement should be taken to be on or around the date she ceased work as a result of her psychological injury despite her subsequent deterioration and physical ailments. A later date would likely have rendered the claim unsuccessful."
Jessica Yousif
Our Approach
While initially engaging the professional services of Gerard Malouf and Partners in respect of a Workers Compensation claim, our expert Solicitors quickly identified a potential further claim to be explored on her behalf.
In preparing the claim for lodgement, our Solicitors considered what the appropriate “date of disablement” would be noting our client had multiple conditions diagnosed over the course of a few years. When assessing a claim for total and permanent disablement, the Superfund/Insurer are required to determine the date which the member became “disabled”. This date can make or break the outcome of a claim.
It was argued that the date of disablement should be taken to be on or around the date she ceased work as a result of her psychological injury despite her subsequent deterioration and physical ailments. A later date would likely have rendered the claim unsuccessful.
Detailed investigations were undertaken, and the claim was subsequently lodged with extensive supporting evidence.
The Result
The claim was approved in full in less than two months after lodgement for over $274,000.
Frequently Asked Qeustions
Learn About Workers Compensation Claims
Consider the following exceptions before potentially wasting your time and effort filing a claim: Keep in mind, however, that each state and territory has its own workers’compensation scheme, so it is best to consult a legal team in your jurisdiction.
If you can’t perform the daily tasks that your job requires, you may be able to claim a Total & Permanent Disability (TPD) benefit.
Reasonable medical expenses are treatments and procedures that directly relate to your workplace injury at the time it occurred. The likelihood is you would have suffered further if you hadn’t received treatment for these conditions.
Read some more of our FAQ for Workers Compensation Claims
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