$100,000 TPD Settlement for Injured Shopping Centre Cleaner

Published 02 Oct 2015

Mr S resided at Northmead was a cleaner for a Major Shopping Centre, responsible for cleaning during both day and night shifts. He suffered a major injury while at work when the escalators malfunctioned causing him to fall 2 – 3 metres. He was aged around 30 the time of the accident. This resulted in major injury to his back and neck, and he ceased work as a consequence. As a result of said injury Mr S made a worker compensation claim and a claim on his Total and Permanent Disability (TPD) Insurance held in his Superannuation.

Mr S initially retained Gerard Malouf & Partners in relation to his Workers Compensation, which was quickly resolved. Mr S had not thought his Super Fund would reject his claim for TPD and relied on his Workers Compensation evidence only to support his TPD claim. However the TPD insurer and the fund decided to reject his TPD claim noting his relatively young age, arguing that he may well recover sufficiently for him to return to work.

Upon receiving the TPD case our firm sprang into action. We acquired specific and particular evidence to address TPD and proceeded to the Supreme Court, bringing an action against the Insurer and the Trustee. Our firm deconstructed the Insurer’s position and put together evidence and a theory for our client being TPD and that recovery will not return him to his previous work.

The insurer, facing an impending hearing, offered to settle the TPD for $100,000.00 which represented around 80% of the policy value. This was accepted by Mr S, who was greatly satisfied by the result by our firm and the overall professionalism of our firm. Gerard Malouf & Partners have successfully conducted many TPD and Private Insurance cases for many clients including Mr S. If you have a TPD claim or believe you may have such a claim please do not hesitate to contact GMP for us to assist you.

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