Recently Ray McClenahan, Partner, Accredited Specialist and expert in TPD claims, was successful in prosecuting a TPD claim against two super funds and their insurers in respect to an injured maintenance worker.
Ray's client suffered an injury to his lower back, legs and feet whilst performing heavy maintenance work for his employer. As part of his maintenance duties, he was required to paint the skirting boards of various units in a motel complex. He spent hours crouching down painting the skirting boards. On one occasion he was crouched down and got into an awkward position to paint a skirting board. As he did this he heard a loud crack and felt immediate pain in his back. He soldiered on hoping to work off the pain. He finished his shift, went home and went straight to bed. The next morning when he awoke, he was in intense pain and had great difficulty getting out of bed. He had to ring one of his adult children to come over and give him a hand.
He attended his GP and was put off work. Medical treatment followed including physiotherapy, manipulation and pain relieving medication. After several months, he got himself back to work doing light duties and eventually increased his hours but was always very careful to protect his back as best he could. Unfortunately, his luck didn't last. Whilst performing work, his back went again and he was forced off work. This time his GP referred him off to a specialist for consultation. Then followed more physio, cortisone injections into his back and more painkillers. Unfortunately, the pain was relentless and he was forced to go under the knife. There followed a spinal fusion and a long period of rehabilitation.
A second operation is now contemplated because of his ongoing pain. He is now unable to bend or twist, he can't lift any weight, he can't walk, sit or drive for any length of time and his pain is constant. His days as a maintenance worker are over. Unfortunately, he doesn't have any other skills and is virtually now unemployable.
HOW RAY McCLENAHAN HELPED HIS CLIENT
Having consulted with Ray to understand his workers compensation rights and entitlements, Ray was able to confirm that all of his compo rights were in order. Ray then asked his client if he was in a super fund and did he know if he had TPD insurance. Ray's client gathered together paperwork from home and brought the papers in to show Ray. Having received the paperwork, Ray advised his client that he had, in fact, two TPD insurance policies with two separate super funds. Being constantly concerned about his permanent injuries, his inability to work and his consequential dire financial predicament, Ray was asked by his client to prepare, lodge and negotiate the two TPD claims on his client's behalf.
PREPARATION OF THE TPD CLAIMS
Ray contacted both super funds. He reviewed the definitions of TPD in each insurance policy. He then set about obtaining very detailed medical support from the treating doctors who were able to confirm that Ray's client fell fairly and squarely under the definition of total and permanent disability under each insurance policy. Having lodged the claims, answered the insurers' questions and made detailed submissions to the insurers, we are very pleased to report that Ray was successful in obtaining maximum payouts of the total permanent disability claims.
TAYLOR & SCOTT'S OFFER TO YOU
If you, a member of your family, friend or acquaintance suffers sickness or injury which prevents you from working, then you are welcome to contact Ray McClenahan and our expert lawyers in TPD here at Taylor & Scott. Our team will do everything they can to ensure that the best possible case in support of your TPD claim is put before the insurance company. All claims run by Taylor & Scott in TPD are run on a no-win/no-pay basis, meaning you do not pay Taylor & Scott any costs whatsoever unless and until you win your case.
Please ring us on 1800 600 664 or email us at info@tayscott.com.au. Rest assured that our dedicated team of experts in TPD will do everything they can to ensure you win your TPD claim.
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