Published 24 Aug 2016
Our client was a 44 year old mother who was previously employed as a Dental Nurse. She suffered an injury at work while assisting in a prolonged dental procedure.
During the procedure our client felt a sudden painful sensation in her neck which resulted in immediate numbness down her right arm to the fingers. She had to immediately stop working and sought treatment from a physiotherapist and her regular GP. She underwent fusion surgery which improved her arm pain but she still suffered from severe neck pain.
Despite her best efforts to get better our client’s condition deteriorated and she was unable to return to work. GMP assisted the client in relation to a workers compensation claim and advised that she might be able to make a Total and Permanent Disablement (TPD) insurance claim.
The client discovered that she did have TPD insurance and decided to lodge a claim with her superannuation fund. Unfortunately the superannuation fund and their insurer rejected the claim on the basis that our client was not injured enough and was not “unlikely to ever return to work.”
Our client sought our advice on whether she could challenge the decision on her TPD claim. Due to the insurer’s refusal to accept that our client was Totally and Permanently Disabled within the definition of the insurance policy our only option was to sue the insurer.
We briefed an expert Barrister to assist with the matter and commenced proceedings in the Supreme Court. We prepared our case thoroughly and served a large amount of evidence in support of our client’s claim.
When the matter was close to being ready for allocation of a hearing date the Court ordered that the parties engage in settlement negotiations to try to resolve the matter. Our client was happy to attempt to resolve the matter and put it behind her.
We attended the informal settlement conference where GMP’s solicitors and our expert Barrister were able to negotiate an excellent settlement for the client – higher than our original expectations. In the end the insurer agreed to pay $170,000 to settle the claim. Our client was very happy with the outcome and glad to be able to move on with her life.
If you have suffered a permanent disability and are no longer are able to work you may have TPD cover that you can claim. If you do not know whether you have TPD insurance we are able to investigate this for you and advise accordingly.
We are willing to fight the insurers all the way to the Supreme Court to obtain our clients rightful benefits. Call today to discuss your matter with one of our expert TPD lawyers.