TPD Claim Succeeds Even Though Worker Continues To Work


Recently Ray McClenahan, Partner and Accredited Specialist in Personal Injury at Taylor & Scott who heads our TPD Department, brought a very unusual TPD claim on behalf of one of his clients.

Mr M worked in the construction industry all of his life. As a result of injuries received at work to his neck, shoulder and hand, Mr M could not return to the construction industry. Mr M retrained in a different industry which was much lighter and eventually managed to obtain part time light sedentary work. Mr M consulted Ray to get advice on his rights.

Ray brought a claim against Mr M’s super fund claiming he had a TPD claim as a result of not being able to continue working in the construction industry. After preparing submissions, and obtaining detailed medical reports, the fund accepted Ray’s arguments on behalf of his client. Ray was able to establish that Mr M was entitled to a total permanent disablement claim even though he remained working.

Commenting on the case, Ray stated:

“Every TPD claim is different. It is important to get advice from an expert lawyer in TPD law. Mr M was able to do some work, but he met the definitions of total permanent disablement in his industry super fund and therefore I was able to obtain a lump sum from the fund for him for TPD”.

If you need advice on total permanent disability Ray McClenahan and his team at Taylor & Scott are happy to discuss your claim and to advise you of your rights. Most claims brought for total permanent disability are done on a no-win/no-pay basis so if you don’t win the case, Taylor & Scott don’t get paid.

Please fell free to contact Ray McClenahan on 1800 600 664 or email Ray at

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