fbpx
skip to Main Content

PAYMENT

PORTAL

PODCAST

Listen Now

We’re here to help

>

Lawyer helps retail worker win Total and Permanent Disability (TPD) insurance

Catherine Henry Lawyers
Catherine Henry Lawyers

Share this: 

Lawyer helps retail worker win Total and Permanent Disability (TPD) insurance

In a recent case, thanks to the help of a lawyer, a retail worker had her Total and Permanent Disability (TPD) insurance claim successfully settled to support her ongoing treatment.

The former retail worker was happy to have the matter resolved in a desirable fashion that would support her ongoing treatment and allow for financial security.

Serious back pain led to loss of employment

The worker had to leave her job due to serious back pain. A number of doctors prescribed pain management medication, but they were unable to determine the cause or provide a solution for her symptoms, and she became unfit for the physical requirements of her job.

Years later she was diagnosed with Chronic Pain Syndrome.

Insurer denies TPD claim

Upon her diagnosis, she submitted a TPD claim which the insurer denied on the basis that she was not at work when she was diagnosed with Chronic Pain Syndrome. This predicament often applies to people who exit the workforce due to sickness as opposed to injury. In these circumstances, there may only be limited notes available from treating doctors rather than expert medical reports which would be obtained when someone is actively pursuing a claim.

Total and Permanent Disability (TPD) insurance can be a difficult claim to pursue. TPD is a lump sum payment available through either a super fund or a stand-alone policy and is payable if you are unable to work and meet the conditions of total and permanent disability.

TPD claims can be denied for a host of reasons. Insurers set high thresholds for claimants to meet and claims may be rejected for technical reasons such as if the claimant was not in active employment at the time of the disability.

It is important to note that each insurer has a different meaning of what it means to be totally and permanently disabled. You should always read the product disclosure statement (PDS) before commencing a policy and get expert advice if needed.

Legal advice gets claim settled

Struggling with her insurer, the worker engaged a lawyer who was able to argue that the back problems she experienced were in fact caused by her Chronic Pain Syndrome.

Timing in TPD claims is critical. The lawyer successfully submitted that the back pain – although undiagnosed at the time – was part of the Chronic Pain Syndrome, and the reason that she left work. She was at work at the time the disability took effect.

Help with Total and Permanent Disability (TPD) insurance claims

If you need help with getting your TPD claim settled, or you feel the claim has been wrongly denied, our expert Superannuation and Insurance team are here to help. To confidentially discuss your needs call us on 1800 874 949 or fill in the form below, and we will be in touch.

Contact us

    • This field is for validation purposes and should be left unchanged.

    Latest Client Stories

    Back To Top
    Search

    Stay Informed

    Would you like to hear from us with the legal issues and news that matters most to you?

    Subscribing to Catherine Henry Lawyers monthly e-newsletter will provide you with access to expert articles, client stories, information resources, downloadable content and relevant updates on law changes that affect you and your loved ones.

    Subscribe: