Published 12 Aug 2014
Our client, Mr P was working as a labourer when he suffered an injury to his back. He had previously been employed on construction sites and undertaking painting duties when unfortunately he suffered a fall at work injuring his back.
Mr P had only ever worked in the unskilled labour market. He had no transferable skills considering his severe injury and English was his second language.
The insurer commenced assessment of his entitlements and suggested that our client would be able to return to work utilising transferable skills but not taking into consideration his significant injuries as well as his inability to sit or stand for extended periods of time, limited education, severe debilitating depression and limited English.
Gerard Malouf & Partners ensured that the insurer focussed on the real issues related to the insurance claim as opposed to any fanciful ideas that have no realistic basis in the open labour markets.
When insurers receive claims and assess entitlements, they must consider transferable skills and whether there is a real capacity to obtain alternative employment in the open labour market. Insurers and fund Trustees have a responsibility to under the Insurance Contracts Act to act in good faith when assessing entitlements and they must also consider the actual definition of disablement as defined in their policy for which you are being assessed. They must also consider all injuries or illnesses brought to their attention.
At Gerard Malouf & Partners Superannuation Lawyers we pride ourselves on ensuring the Trustee and Insurers consider your claim on its merit and they consider all barriers which prevent you from returning to work be that physical, psychological, previous education, all training, transferable skills and previous employment history and if at the end of the day, your condition prevents your return to work, we will ensure that the insurer reviews your claim on its own merits and comes to the correct decision.
If your insurer isn’t looking at the real facts in relation to the assessment of your entitlements, please call our team to see how we may assist you to receive the best result for your insurance claim.