What am I entitled to if I can’t work due to injuries suffered in an accident?

PUBLISHED 01 Aug 2016

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. If you can't perform the daily tasks that your job requires, you may be able to claim a Total & Permanent Disability (TPD) benefit.

What are temporary disability benefits and what constitutes TPD claims?

Let's start with the basics. Temporary disability benefits are paid to workers who are unable to work as they recover from any injuries sustained in the aforementioned manners. This is perfect in an ideal world but of course we don't live in that world.

At Gerard Malouf & Partners, we know that there are insurance companies out there that will strive to minimise the payments you will receive and are entitled to. Constructive denial is just one of the tactics employed by insurers as they look to reduce or deny your disability coverage entirely.

What could get in the way of a successful claim?

There are instances that prevent paying out a claim aside from insurers trying to avoid doing so. If the claimant is found to have deliberately attempted to harm themselves then no benefit is payable. Occasions such as this further emphasise the importance of seeking the help of experienced workers compensation lawyers. It's important to ensure that you have all the information and proof necessary to lodge a successful claim.

Our team of expert and experienced lawyers work tirelessly to ensure that your case is handled in the right manner and has the sufficient information. We also make sure that your case is presented in an affirmative and professional manner.

In the case of Finch v Telstra Super (2010) HCA 36, a claim was denied as the applicant was continuously absent from work for a period of at least six months and had actually ceased to be an employee and was also unlikely to work in the field that they were qualified in.

How can we help?

We understand what it takes to represent you best when it comes to insurance and personal injury law. As part of our offering we have experts with backgrounds in the negligence, medical and backgrounds so we know what you need and what goes into making a successful case.

At Gerard Malouf and Partners, we offer a no win no fee guarantee that can ensure you are not put off by any financial obstacles. Our lawyers don't take payment from up front costs, they are remunerated based on the successful settlement you receive following your claim.

Call us now on 1800 004 878 to book a free appointment with one of my compensation experts, or email your enquiry.