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Class Actions

At GMP Law, we have extensive experience in class action lawsuits, amplifying the voices of individuals who have experienced similar harms or losses.

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John's Journey:
Overcoming adversity to secure
a $500k TPD Claim

Angelica Adhar

Senior Superannuation Case Manager

This image does not depict our actual client.

John's story

In July 2017, our client’s life changed forever. At 44, John was a successful senior-level software engineer at the peak of his career. He had been with his current company for about two years after a 17-year tenure with his previous employer. While returning to his office on his motorbike, he was involved in an accident that would set in motion years of physical pain, emotional turmoil, and legal complexities.

The immediate impact was severe – a disastrous injury to John’s right shoulder, his dominant side. He was taken to Nepean Hospital, marking the beginning of a long and challenging journey.

John describes the initial impact: “Devastating would be the easiest word to use. I knew straight away there were some major injuries. After the accident, I couldn’t even use my right arm – it was completely useless.”

“My career—since I had only been with the company for two years and was in the middle of a project—went downhill. My personal life went downhill too. I have a video of it [the accident] as I had a camera on my helmet – it was a split second with no time frame for me to react at all.”

The uphill battle

What followed for John was a gruelling series of surgeries and attempts to return to work. After his first surgery, he was off work for three months. He underwent his first surgery in 2017, followed by another in 2019, and another two in March and April 2021. By July 2021, John was cleared to return to work with restricted duties, gradually increasing to full-time hours.

However, the road to recovery was far from smooth. John explains: “I just couldn’t do a lot of the tasks that I used to do beforehand. I couldn’t crawl under the desk to plug in cables or lift anything heavy. We were in the middle of an office relocation, and my boss had to assign one of the workers to help complete my tasks with me instructing him. It limited what I could do at all at work.”

The challenges continued to mount.

“The other issue was that after the second and third surgeries, I couldn’t return to full-time hours. My boss needed someone there full-time. COVID came along. I was cleared for 30 hours a week, not 37.5 hours, so he terminated me.”

The turning point

In 2022, John required two more surgeries, bringing his total at the point to five surgeries. This marked a critical point in his case. We advised John to wait until after these surgeries to file his Total Permanent Disability (TPD) claim, a strategy that proved crucial given the complexities of his situation.

John reflects on this period: “The communication from my lawyer Ange [Angelica Adhar] was the key thing. As well as getting doctors to sign off on the paperwork, including the spinal specialist, was crucial. The waiting was stressful – it seemed to take forever.”

Complexities and challenges

John’s case presented unique challenges.

We were dealing with multiple jurisdictions, including open Motor Vehicle Accident and Workers’ Compensation claims, in addition to the TPD claim. However, the real challenge was proving TPD when we had a workers’ compensation report stating John could return to work, albeit with significant limitations.

“It’s a common misconception that once you’re cleared to return to work, you’re no longer eligible for TPD. But John’s case demonstrates that it’s not always that straightforward,” says Angelica Adhar, Senior Superannuation Case Manager at GMP Law.

John shares his experience with the workers’ comp assessment: “I was cleared for four hours of work, one day a week. A functional assessment was done, but I felt the assessor didn’t listen at all. There were limitations put in the work cover capacity certificate, such as micro pauses, that were not functional for my job and didn’t alleviate my pain. I have problems sitting at the computer, which is essential for my job as a software engineer. I end up with pain and headaches from having my arms stretched out in front of me.”

Our strategy

Our approach to John’s case was methodical and patient. We advise him to continue seeking support from his GP and to document every aspect of his condition.

“We waited to lodge the TPD claim until after John’s last surgery when the full extent of his physical and psychological injuries became apparent,” Angelica explains. “Had he just had the physical injury, he might have had the capacity to go back to work. But, the combination of the physical limitations and the psychological impact meant he could no longer function in the high-paced, detail-oriented environment of software engineering, especially considering the medication he was on.”

The TPD claim was opened in June 2023, with all paperwork submitted by September of the same year.

The outcome

Angelica believes this case underscores the importance of looking at the whole person, not just isolated medical reports. “By focusing on the TPD occurring after the last surgery when the psychological injury became apparent, we were able to build a compelling case despite the earlier return-to-work clearance.”

John’s TPD claim for $500,000 was approved just over a year after filing.

This outcome has provided him with crucial financial stability while he continues to navigate his ongoing Motor Vehicle Accident and Workers' Compensation claims. Both of which are not impacted by the outcome of the TPD claim.

Looking forward

While John still faces challenges with his ongoing claims, the successful TPD claim has given him hope and stability. It’s a testament to the importance of perseverance, comprehensive legal strategy, and the recognition of both physical and mental health in personal injury cases.

John’s advice to others facing similar complex injury situations is clear: “Get advice. There’s no way I would have been able to handle this myself, especially getting multiple surgeries, spanning multiple years. I go through my reports and I’ve had something like 15 MRIs, 20 X-Rays, multiple scans, 2 nuclear bone scans, and have 50 odd reports from various doctors. That’s not even the complete list. It would be insurmountable to handle alone without proper sound legal advice.”

Fee transparency that you can trust

Settlement Breakdown

John talks on the impact of this outcome:

“It basically means I will be able to keep my house, so, it’s welcome financial stability – one less thing to worry about. I understand my case is complicated, as I’ve had multiple surgeries stretch out over multiple years, so I’m thrilled the TPD component has been approved.”

	Total Fees and Disbursements
John’s Take Home Amount	Professional Fees (incl. GST)	Disbursements (incl. GST)
$476,418.75	$22,000.00	$1,581.25

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Author

Angelica Adhar

Senior Superannuation Case Manager

Angelica has a passion for pursuing justice and fighting for the rights of her clients. She sees it as a privilege to be entrusted as a person’s advocate and voice. She takes comfort in knowing that her work impacts not only on the lives of her clients but also everyone else around them.

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