Our client, a 46-year-old was last officially employed as a Labourer. He was a passenger in a motor vehicle that was involved in a collision. Our client was left in a state of shock following the accident and attended upon a general practitioner about pain in his right leg and low back.
Following the accident our client did not seek medical attention as he thought that the pain he was experiencing would settle overtime. At the time of the initial consultation with his GP our client was not complaining of pain in other regions of his body apart from his right leg and low back.
Our client attempted to return to work following the motor vehicle accident but found himself unable to meet the functional demands of his role due to the extensive pain and as a result his employment was subsequently terminated. Following his termination he attempted a few periods of casual work, however, found that he required frequent extended breaks as he was unable to withstand the pain to meet the requirements of the job. His general practitioner had at this point certified him unfit for all work.
In most situations, injuries can set you back and can have a significant impact on an injured person’s financial situation putting burden on individuals and their families. They feel compelled to keep working even if they experience severe pain as they are left with no choice.
Returning back to work for short periods of time following an injury will not necessarily preclude you from claiming a TPD benefit. Our expert solicitors look to the medical evidence to determine when you were first determined as totally and permanently disabled. In most cases, it is the date you originally stopped work in a meaningful capacity.
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.
In Australia, there are protections in place for people who suffer injuries or illnesses that render them permanently unable to work in their previous career. This is called total and permanent disability insurance (or TPD insurance) and it will provide a lump-sum payment that will help you maintain your finances to a certain extent, even as you can no longer earn an income in the traditional way.
It is important to note that you do not have to have suffered this injury or illness as a result of your job to make a TPD claim.
TPD claims, which are payouts from a type of disability insurance purchased either privately or through your super, have the lowest rejection rate of insurance cover and an approval rate of more than 80%.
John’s Journey:Overcoming adversity to secure a $500k TPD Claim Jump to Result This image does not depict our actual client. John’s story In July 2017,
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In the spirit of reconciliation GMP Law acknowledges the Traditional Custodians of country throughout Australia and their connections to land, sea, and community. We pay our respects to their Elders past, present, and emerging, and extend that respect to all Aboriginal and Torres Strait Islander peoples today.
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