Case Overview
- Truck driver had previously received a TPD payout for a neck and psychological injuries sustained whilst employed as a teacher’s aide.
- Our client did not receive normal weekly, fortnightly or monthly wages from his employer.
- Our staff were determined and persistent in gathering the necessary evidence to establish eligibility under the TPD policy terms, overcame all the obstacles and successfully secured his TPD benefit amount of $302,000.
Our client, a 42-year-old truck driver was employed in a family petroleum business operated by his wife. He sustained a significant injury to his lower back whilst lifting heavy objects to load onto the truck for delivery.
The incident resulted in a severe back injury, with persistent pain radiating down both his legs and right foot for which he subsequently underwent spinal fusion surgery. The injuries prevented him to perform his duties as a truck driver.
He was previously employed as a teacher’s aide and sustained neck and psychological injuries while on the job. He filed for a TPD payout for these injuries back then. After which, he became a truck driver and was yet again in a situation where he needed to file for TPD.
Our client provided full disclosure to his new insurer of his pre-existing injuries and disabilities, and the new insurance policy was subject to many exclusions.
Our client did not receive normal weekly payouts, fortnightly or monthly wages from his employer. As it was a family business, wages were paid on an irregular annual basis proving it difficult to establish eligibility under the “At Work” policy definition.
The policy required a person to be actively working at the date they became disabled. The ‘at work’ definition in the policy required the insured to be working for at least 30 hours per week, performing normal duties free from any limitations due to injury or illness. Unfortunately, our client did not receive regular wages from the family business, in fact, his wages were paid towards the end of the financial year. Putting aside the exclusions already on the policy was this highly contentious issue of proving his work capacity prior to the date of disability.
“Our team worked tirelessly to gather the information required to overcome all the obstacles placed by the insurer in this matter.“
Angelica Adhar
Our Approach
Our team worked tirelessly to gather the information required to overcome all the obstacles placed by the insurer in this matter. Our staff were determined and persistent in gathering the necessary evidence to establish eligibility under the TPD policy terms, overcame all the obstacles and successfully secured his TPD benefit amount of $302,000.
When choosing a legal professional to assist you with your superannuation claim, it is important to seek the expertise of professionals who are 100% committed to ensuring your claim is fairly assessed. To discuss any potential entitlements you may have, please contact our firm for a free consultation on 1800 959 280 or submit an enquiry form online.
The Result
Our team overcame all obstacles and were able to secure a TPD benefit for our client amounting to $302,000.
Angelica Adhar
Senior Superannuation Case Manager
Frequently Asked Questions
More Information
If you have suffered an injury at work, or while making your commute to or from work, you’re entitled to workers’ compensation. This may seem like stating the obvious, but there are members of the public who are completely unaware of what accident compensation they are entitled to if anything were to ever happen.
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.
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.
- A superannuation policy
- Life insurance
- Income protection cover
- Mortgage protection or loan protection insurance
- Employment disability and/or trauma cover
- Sickness or accident policies
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