TPD insurance is included in most superannuation policies, and is there to provide you with a lump sum payment if you have an injury or illness that prevents you from working. However the definition of total and permanent disability varies between policies, so many of our clients who’ve tried to make a claim and had it rejected have come to us for help. Kelly’s story is a typical example of how we’ve made a successful claim for a client whose initial claims were rejected.
Kelly was working as a deputy manager at a supermarket when she slipped on some ice in the freezer and fell backwards on the hard floor. She was unable to move and it was 15 minutes until a colleague found her in the freezer. Kelly sustained injuries to her back, neck, wrist and shoulder as a result of the accident. Due to the physical nature of Kelly’s role, she was forced to stop work immediately and focus on her recovery.
Getting to know Kelly and her family
When Kelly first came to Law Partners she was overwhelmed, concerned about her future and struggling with the financial burden. One of our specialist TPD lawyers met with Kelly to listen to her story and understand more about her accident and her injuries. Our team discovered that Kelly experiences chronic pain, is unable to stand for more than 10 minutes at a time and unable to sit or walk for more than 30 minutes at a time. She has pain when she lifts anything and has difficulty sleeping. Kelly was prescribed a comprehensive list of pain medications and developed fatigue, anxiety and depression. Kelly underwent surgery and numerous rehabilitation treatments and was able to return to work doing light duties, but unfortunately she never returned to her normal duties as deputy manager and her employment was eventually terminated ‘due to incapacity’.
Kelly’s successful claim
Kelly originally came to Law Partners seeking workers compensation. She had tried twice to submit a TPD claim herself and both claims were declined, but our team compiled detailed medico-legal reports and built a strong case for Kelly, and the TPD claim was successful. The lump sum payment Kelly received has made a huge difference to her life financially, as she continues to pursue treatment for her injury.
Clients' names and images have been changed to protect their privacy.