Published 18 Nov 2015
Our client is Mr C of Port Macquarie was a process worker who was injured while at work. A piece of heavy machinery fell onto Mr C from a great height and crushing his right hand. This severe injury caused him to be hospitalised.
His right hand was his dominant hand. While he was successfully treated by surgery Mr C lost significant capacity in his dominant hand and was forced to cease work. He had subsequently developed Adjustment Disorder as a result of his injuries. Additionally he required the use of medication to treat his pain.
Our client had initially retained Gerard Malouf and Partners for conduct of his Workers Compensation claim, which was resolved successfully. As part of our investigations we also identified that Mr C was in possession of, through his Super Fund, private insurance for total and permanent disability (TPD). This entitles him to significant insurance should he be unable to work because of injury.
We advised Mr C of his potentials rights, and upon receiving instructions launched into action. We prepared evidence to support Mr C’s Disability and Inability to work. GMP identified the relevant definitions of Mr C’s policy and constructed Submissions demonstrating the evidence.
The insurance company was initially reluctant to make payment of the claim and required Mr C to be subject to multiple examinations. After complying in the first few occasions GMP informed the insurer that should they fail to make payment imminently litigation will be commence at the Supreme Court of NSW. The insurer, with the threat of litigation, quickly performed on the policy. The Insurer paid our client the full benefit of $250,000.00. He is greatly pleased with the result.
Private insurance of TPD is an entitlement to anyone who has paid the premiums. Should you become unable to work as a result of an injury, you may be entitled to make a claim should you be unable to work as a result. At Gerard Malouf & Partners, our solicitors are able to provide advice and expertise in pursuing a claim for TPD entitlements. Contact us and let us help you.