TPD Claim Success Story 1 –Physical and Psychological injury leads to successful $300,000 TPD benefit plus income protection
Tim, who is a 38-year-old, suffered a broken hip when he fell off a roof on a construction site in Sydney. He subsequently developed a serious physiological and psychological injury as a result. Tim asked one of his friends to find a workers compensation lawyer who works on a No Win No Fee basis, and he found Withstand Lawyers. In addition to providing clear legal advice in relation to Tim’s entitlements for a workers compensation claim, the team at Withstand Lawyers also informed him that he could be eligible to make a TPD claim. Tim unfortunately was not aware, like most people, of TPD and his entitlements to make a TPD claim.
Upon obtaining medical evidence as to Tim’s capacity to work, it turned out to be that Tim was no longer able to work, suited by his education, training and due to his permanent hip injury and mental condition as a result of his work injury.
Tim’s lawyer examined his insurance policy and advised him to pursue a TPD claim. Tim agreed and his solicitor communicated with his insurer on behalf of him, collated relevant details for the TPD claim and ensured that Tim would receive the maximum TPD benefits that he is entitled to.
Withstand Lawyers successfully lodged and followed up on Tim’s TPD claim. As a result, Tim received a $300,000 TPD benefit plus income protection for his injuries which he was not aware he could claim in addition to his workers compensation claim.
TPD Claim Success Story 2 – Disability support worker awarded a $175,000 payout for her TPD claim
Michelle worked as a disability support worker for many years in Australia. One day she sustained a back injury at work and a separate psychological injury due to experiencing bullying and harassment in her workplace. Despite her psychological injury being separate, she continued to have 1 claim only for her back injury. The insurer unfortunately denied liability.
Michelle felt hopeless and thought that the insurers liability decision meant that she could not pursue her claim further. Fortunately, Michelle’s partner enquired with Withstand Lawyers who successfully handled his Workers compensation claim. Our TPD lawyers advised her that a denied liability claim was not the end, and that Michelle had prospects of overturning the decision. Michelle decided that she wanted Withstand Lawyers to assist her with her claim. Withstand Lawyers informed Michelle that our workers compensation lawyers were approved by the Independent Review Office (IRO) and no costs were payable by her for advice and representation regarding her workers compensation claim as legal costs are covered by a grant from IRO.
Her TPD lawyer identified that another reason that Michelle was unable to work was due to her psychological injury and not her back injury alone, based on the medical evidence.
Unfortunately, the workers compensation insurer did not allocate a separate claim to Michelle for her psychological injuries. Michelle lodged a work injury claim form for her psychological injury and upon being assessed by the Commission’s doctors, her whole person impairment was assessed at 21% for her psychological injuries.
In addition to receiving her maximum entitlements for her back injury, she was also eligible now to make a work injury damages claim for her psychological injury. In addition, her TPD lawyers successfully lodged a TPD claim through her superfund, and she received a $175,000 payment for her TPD claim.
TPD Claim Success Story 3 – Labourer receives $375,000 through 2 superannuation policies following sporting injury
Noah, 35 is a construction worker who predominately paints walls of various buildings and is also a skiing enthusiast. On multiple occasions, whilst skiing, he experienced pain in his lower back. Like most people, he thought little of it and continued carrying out his normal life. The next day however he struggled to get out of bed due to severe lower back pain. He spoke to his doctor who after examining him advised him not to return to that type of work. Noah was understandably frustrated and concerned because his injury and pain did not occur nor was it experienced in the course of employment but rather due to skiing.
He immediately started physiotherapy but did not improve despite 6 months of passing already.
This time his GP referred him to a specialist who recommended he undergo surgery. His specialist told him that he cannot work in construction. It was unfortunate as that’s the only field Noah has qualifications and experience with. Given that he does not have any other professional skills, his professional career essentially ended at that point with injuries not compensable due to the circumstances of his injury.
Noah reached Withstand Lawyers for a free claim check to see whether there was anything he was entitled to despite his injury not being work-related. Our experienced TPD lawyers have unfortunately seen this time and time again and informed him that despite his injury not occurring in the course of employment nor due to the negligence of the skiing centre, he could be entitled to payments from his superannuation funds. Whilst confused, he was also feeling a sense of hope that there could be something out there to assist him financially.
However, Noah like a lot of tradies was unaware of which superfund he was with and whether he was with one or multiple. Noah trusted our TPD lawyers to look into which superfunds he was a member of to see whether or not those funds had been covered and if so whether he was eligible. After a short period of time, our TPD lawyers were made aware of which superfunds Noah had policies with and contacted those superfunds to request his policies to be able to advise Noah. Noah was relieved to be told that he did in fact have cover and he was eligible given his circumstances.
Our TPD lawyers then obtained all the necessary documents to support his claim being his medical and employment records. 6 months later Noah received two separate payments totalling $375,000.
TPD Claim Success Story 4 – Retail assistant receives a lump sum payout for her injuries
Our client, Emma, was an extrovert and social character who worked as a retail assistant for a decade for a large Australian supermarket chain. She enjoyed her work as it required social contact with customers and colleagues. In November 2021, she had a serious motorbike accident. The accident was her fault as she lost control and had a head-on collision. She was taken to the hospital and undertook medical treatment. Since she was at fault, our motor vehicle accident lawyers were only able to advise her of her limited income support benefits and medical expenses cover for 6 months.
However, because of the accident, she not only suffered physical injuries but suffered from psychological injury. Her physical injuries had a major impact on her ability to sustain her daily life and she was in need of emotional and psychological support.
After the accident, she started feeling depressed, anxious and socially withdrawn. From being a socially active person, since the accident became isolated from friends, and she was frequently in need of medical care for her psychiatric conditions. Unfortunately, she hasn’t been able to return to her previous occupation due to psychological and physiological conditions.
One of Emma’s friends suggested she talk to Withstand Lawyers to know her entitlements. Since she was unable to work, our team of TPD lawyers looked into Emma’s superannuation policy. It was discovered that Emma was eligible to claim TPD through her superannuation policy.
Withstand Lawyers worked on Emma’s TPD claim carefully and found the necessary education, training, medical, and work-related documents to support her claim. Within 5 months, Emma received a $160,000 lump sum payout through her superannuation insurance company.
TPD claim Success Story 5 – Diabetic mother with amputated leg awarded substantial TPD payout
TPD claim stories that involve serious illness are devastating, but we are delighted when we can assist our clients to reduce the financial burden caused by their illnesses. Lisa, aged 38, was a cash processor for a currency management service provider when she had her leg amputated as a result of her diabetes. Her recovery was long and she required extensive rehabilitation.
As is the case with many amputees, she subsequently developed mental illness including depression and anxiety. This mental illness combined with her physical disability made it impossible for her to return to work in any field that she was qualified, or had any experience or education.
Fortunately, she contacted Withstand Lawyers who put her in touch with their experienced TPD lawyers. They obtained a copy of her TPD policy and reviewed and advised her in relation to her prospects of a successful TPD claim. Her TPD lawyer then thoroughly completed the application on her behalf, and submitted the required supporting documents. In light of Withstand Lawyers’ significant experience, they were able to ensure that the application and supporting evidence was to the satisfaction of the fund and the application ultimately was approved in a few short months and Lisa was awarded a $300,000 TPD payout on her eligible superannuation policy.
TPD Claim Success Story 6 – TPD insurance success leaves injured father with $578,000 TPD payout
A significant amount of our TPD stories involve work injuries such as this one. Frank, 42, was a self employed glass glazier, who sustained physical and psychological injuries following a fall from a ladder while at work. Withstand Lawyers handled his workers compensation claim and had him assessed by an independent medical assessor to determine the extent of Frank’s injuries. It was established that Frank would not be able to return to work as a glass glazier, the only occupation he had done his entire life.
Frank’s workers compensation lawyer referred him to our TPD lawyers to discuss his eligibility to make a TPD claim. Frank had TPD cover in both of his superannuation policies, but didn’t know about them until his TPD lawyer reviewed his policy and advised him that he would be entitled to a lump sum TPD payout through both of his superannuation policies. Commonly, our client’s do not know that they even have TPD cover, and are surprised that they are covered and eligible.
Frank successfully pursued a lump sum TPD payout and obtained a total of $578,000 TPD payout on his two superannuation policies.
If you’re like Frank and have suffered injury or illness and are unable to work, Withstand Lawyers TPD lawyers are here to help you. We will ensure that you understand what your benefits are (or aren’t) and what is required through your fund to make a successful TPD claim. Contact our senior lawyers who offer a clear No Win No Fee arrangement.