Published 14 Jul 2015
Our client Mrs L of Wagga Wagga who was formerly a Finance Administration Officer suffered a work place injury including extreme physical injuries to her back and neck. These conditions caused her significant weight gain and organ damage. After significant bullying at her work place our client finally stopped work and was informed by her doctors that she was unlikely to resume working again.
In addition to pursuing a Workers Compensation case she decided to claim her benefits under her TPD insurance as held by the superannuation fund. Despite having significant injuries the insurer refused payment of her TPD claim. Because of her severe injuries she decided not pursue the case further and her solicitors did not commence any action.
After some time Mrs L decided to seek the advice of Gerard Malouf & Partners and after discussing the facts and her hardship our solicitors immediately proceeded with her matter. The case was extremely difficult in light of all the evidence being out of date and the issues of time limitations. The lawyer handlong the TPD claim recognised these difficulties and prepared a plan around them.
Gerard Malouf & Partners was quickly able to file the case at the Supreme Court of NSW and litigate. The insurer upon realising the impeding hearing before the Court agreed to settle the matter for $150,000.00. This represented a significant percentage of the insured amount. All of this was achieved within 3 months of filing the claim.
TPD insurers and many solicitors, both plaintiff and defendant, often insist that litigation should be completely avoided due to settlement being a percentage of a benefit. As we have seen continuous appeasement of insurance companies does not guarantee any result and puts risk upon the currency of the medical evidence. Litigation guarantees finality of the matter and settlement ensures monies will be paid – “a bird in hand is better than two in the bush.”
At Gerard Malouf and Partners our superannuation lawyers have experience and expertise in TPD claims. We are able to assist you both prior and during litigation to achieve for you the maximum result. Please contact us so we may help you to seek justice.