Published 10 Aug 2016
Our client Mr L was a former construction worker who as a result of a work injury on a construction site suffered injuries to the back and had bulging discs in his spine. At the time he was aged 38 and a result of the injuries he was unable to continue work and ceased all employment. His spinal condition causes him significant pain and is required to take medication. He received medical advice that it was unlikely that he can safely resume work.
He had initially retained Gerard Malouf and Partners for the conduct of his workers compensation claim and upon its successful completion further retained our firm for his total and permanent disablement claim which he had initially commenced himself but was not resolved after two years.
Our solicitors waere instructed to act and quickly took action and demanded immediate payment from the insurer. We drew attention that the insurer has erred by prolonging the claim and requesting material piecemeal, this delaying assessment of the claim. We argued that the evidence is sufficient available to demonstrate the satisfaction of the policy terms.
The insurer initially resisted but upon a final letter of demand which noted the impending commencement of proceedings the insurer admitted the total and permanent disablement benefit in its entirety in the amount of approximately $300,000.00.
Our client is very satisfied with the outcome as this amount of money will additionally assist him now that he is unable to return to work and requiring constant treatment. He is greatly satisfied at the vigorousness of the legal staff Gerard Malouf and Partners in pursuing his claim.
TPD claims are advertised by the insurers as being simple and quick to complete. This is far from the experience of many as the insurers deliberately use long processes to delay and subsequently reject a claim. The insurance companies take advantage of this sense of ease to extract an advantage in claims process.
TPD claims differ greatly from injury compensation claims as they relate to an interpretation of a commercial contract. The Supreme Court has made judgements in relation to TPD claims which due to its complexities was contested for many years after the resolution of the related compensation case.
GMP Superannuation Dispute Lawyers has extensive experience in conducting a total and permanent disablement claims both resolving outside of Court and in conducting at the Supreme Court of New South Wales. Our firm it is happy to provide advice and assistance where you are having difficulty with your TPD claim and we invite you to contact us for a free consultation. Please allow our solicitors to assist you in achieving a successful outcome.