Published 17 Nov 2016
Our client was a 50 year old woman employed as a Kitchen Hand and Shelf Stacker in a large supermarket. While cleaning at home, our client stood on a chair which gave out from underneath her. This caused her to fall backwards and land on the floor, resulting in injuries to her back and right shoulder.
She underwent extensive rehabilitation and hospital treatment over the next month but unfortunately her injuries did not completely resolve. She had to wear a back brace for over 12 months and still continues to have chronic back and shoulder pain, which her doctors advise will be permanent disabilities.
Due to her pain and injuries our client was unable to return to work as both of her jobs were quite physically demanding and it was not possible for her to perform the required duties.
She lodged a Total and Permanent Disablement (TPD) claim through her superannuation fund REST. This claim was denied and she came to Gerard Malouf and Partners for help. We reviewed her case and determined she had strong prospects of taking on the insurer at court. We prepared and filed proceedings in the Supreme Court. Ultimately this resulted in the insurer backing down and approving our client’s benefit.
As a standard part of the service that Gerard Malouf and Partners’ Superannuation Department provides we also investigated whether our client had any other potential claims that she could make. We undertook a search with the Australian Taxation Office to determine if there were any other super funds that held TPD cover in her name.
Our client held a second policy through CareSuper that was worth $199,000.00. Fresh off the success of her previous claim our client instructed us to open a new file to pursue this TPD benefit. We were able to use the information we already had on file to quickly prepare a submission to CareSuper.
CareSuper and their insurer approved payment of the benefit only nine (9) days after receiving the submission. Our client was very pleased to have such a speedy resolution made possible by her initial decision to choose Gerard Malouf and Partners’ expert superannuation lawyers to assist her.
Many Australians have more than one superannuation account over their working life that each have their own separate TPD insurance. If you become ill or injured and are eligible to claim for permanent disability we can lodge a claim for you on each policy.
Call Gerard Malouf and Partners today to find out more and book in a free consultation with one of our expert superannuation lawyers. We are ready to advise you on all claims you are entitled to make.