Our client was in his 50s and had spent his whole working life employed as a rigger dogman when he suffered a severe injury at work. This crush injury to his arm led to multiple operations and a long period of rehabilitation.
He was determined to try and get back to his old job. He attempted to do casual rigging work for a few days but because of ongoing pain and the weakness of his arm, he was unable to continue.
He then tried to return to work as a casual truck driver but he suffered a very serious aggravation of his injured arm whilst attempting this work and has now been forced to give up work entirely.
He applied for a total permanent disability payout under an insurance policy attached to his superannuation. The insurance company knocked back his claim.
Desperate and not knowing what to do, he turned to Ray McClenahan, Partner and Accredited Specialist in Personal Injury at Taylor & Scott, and an expert in TPD claims.
Ray very carefully reviewed his client’s work history from the date he left school. Prior to his accident, he had only ever worked as a rigger dogman. He had never even driven a truck and in fact didn’t secure a truck driver’s licence until after his initial accident. Having suffered the further injury whilst driving a truck, he was not even fit to do this alternate work.
Ray carefully explained to his client that the relevant test the insurance company should have applied under the TPD insurance policy was not what theoretical light duties his client may or may not be able to do on the open labour market, but rather whether he was fit for any work within his education training or experience.
Ray gathered together medical reports from all of his client’s treating doctors and then retained further specialists to examine his client and give an opinion on whether he was fit for any work within his education, training or experience.
Armed with all the supporting evidence, Ray then made further very detailed submissions to the insurance company pointing out to them that they had made a mistake and his client clearly qualified for the TPD benefit. Fortunately the insurance company realised their error and capitulated. Ray was able to secure the full TPD payout which exceeded $150,000 for his client without having to take the insurance company to court.
If you or someone you know cannot work in their old job and if your education, training or experience don’t qualify you for any other work that you can do, you may have a TPD claim.
Please contact the TPD specialists here at Taylor & Scott on 1800 600 664 or complete the enquiry form on this page. If Taylor & Scott act for you, it will be on a no-win/no-pay basis meaning Taylor & Scott will cover all disbursements incurred in obtaining medical reports and you won’t pay any costs unless you are successful with your TPD claim.
At Taylor & Scott, “We Care For You”.
