19 October 2022

Initially, our client sought the assistance of our expert personal injury lawyers with respect to her workers compensation claim. It became clear during that claim that she would not be able to return to work. As such we discussed a Total and Permanent Disability (TPD) claim with her superannuation fund.

Our client lodged a Workers Compensation claim after falling down some stairs at work.  She suffered injuries to her back, hips, and elbow. She took a short time off work, getting physiotherapy and returning to work under suitable duties for a period. 

Unfortunately, the pain in her left lower back and hip area progressively worsened and she developed aches and pains in her shoulders, arms and upper back while attempting to carry out her usual duties.  

Our client attempted to return to work however with the ongoing pain and aggravation to her injuries, her doctors have certified her as unfit to work. 

Total and Permanent Disability insurance is a benefit often provided in life-insurance policies as well as within superannuation plans.  A request from her superannuation fund was sent through and upon receipt of the policies, our lawyers reviewed the policy definitions and noted our client was eligible to lodge a TPD claim. 

The definition to qualify for Total and Permanent Disability varies from policy to policy but generally the client is required, because of injury or illness, to be absent from all employment for 6 consecutive months and be incapacitated to such extent that it is unlikely they will ever again engage in employment (either on a full time or part time basis) for which they are reasonably qualified by reason of education, training, or experience.

The Total and Permanent Disability (TPD) claim usually involves the completion and lodgement of a member claim form, treating medical practitioners reports as well as an employer statement and other supporting documentation surrounding the client’s lack of ability to continue working.

Our experienced team members reviewed all the documents received in support of our client’s injuries, such as:

  • all relevant medical records, reports, and documents from all treating medical practitioners,
  • taxation records from prior to the date of incapacity to the present time,

The relevant information in support of her Total and Permanent Disability claim was compiled, and a claim was lodged with the superannuation.  The superannuation fund reviewed the documents supplied for our client’s TPD claim and the claim was approved.   Our client was awarded the insured amount according to her policy which was more than $70,000.00.

The information is current as at the date of publication of this article. The above article is of a general nature only and does not constitute legal advice. Law Advice Compensation Lawyers are experts in TPD claims. For a free, no obligation assessment of your injury claim call us on 1800 122 555 or complete our Free Claim Advice Form and get the compensation you deserve.

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