Our client was a 49-year-old woman who had two children and was in a de-facto relationship. She worked as a caseworker assisting families experiencing domestic violence and other immediate presenting needs.
Our client was driving her vehicle, had stopped at a red light, and proceeded to turn once the light turned green. An oncoming vehicle failed to stop for their red light and t-boned her vehicle at approximately 80km per hour. She briefly lost consciousness at the time of the accident. An ambulance attended the scene, and she was taken to hospital but was not admitted.
Our client was initially diagnosed with a concussion, whiplash, and internal bruising. When seen by a neurologist, she was diagnosed with post-concussion syndrome.
Unfortunately, following the accident our client suffered from the trauma from the accident which affected her psychological state. She was diagnosed with depression and PTSD and ended up being admitted for a lengthy stay in hospital to assist with her treatment of her psychological injuries.
Our client sought the assistance of our expert personal injury lawyers with respect to a personal injury claim from the motor vehicle accident.
Due to the length of absence from her employer, her employment was terminated with the employer. Our client’s treating doctors indicated that she would most likely never return to work due to the severe depression and PTSD she faced daily. Our experienced team members discussed with our client the possibility of pursuing a claim for a Total and Permanent Disability benefit in addition to her motor accident claim.
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 Total and Permanent Disability 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 motor vehicle accident, 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 reviewed the documents supplied for our client’s TPD claim and the claim was approved. Our client was awarded more than $120,000 in her TPD settlement.