Michelle Meigan, an expert in TPD claims, recently acted for a factory hand who suffered a very serious injury to his hip at work. Following a period of conservative treatment, our client was advised that he required a total hip replacement. The workers compensation insurer wasn’t happy, so first up Michelle had to fight the insurance company who eventually agreed that they would pay for the hip replacement surgery. The attitude of the insurer caused a lot of distress to our client. Eventually he attended hospital and underwent preliminary testing for the hip replacement. During that testing, the doctors discovered that our client had had a heart attack probably caused by the stress of having to fight the workers compensation insurance company. The hip operation was cancelled and our client was sent to another hospital for heart bypass surgery. Following the successful heart surgery, our client’s medical experts informed him that he would never be fit to return to his work. Our client’s financial situation was not very good. He was suffering not only the physical problems of a crook hip and a dodgy heart, but he was very worried about his financial state. Michelle Meigan questioned our client about his superannuation. She commenced detailed enquiries of his superannuation fund and found that he was covered for TPD or total permanent disablement. Michelle then sought medical opinions from our client’s treating specialists who confirmed that he was permanently unfit for his old job. Armed with the medical support she needed, Michelle then made a formal claim for a total permanent disablement payout. Michelle then embarked on several months of intense negotiations with the superannuation fund. Eventually good news – the insurer agreed with Michelle’s submissions and granted the TPD claim resulting in a very substantial lump sum payment being made. Commenting on the case, Michelle stated – “All workers have superannuation. Attached to most superannuation polices there is a TPD component. Workers who suffer from injuries or conditions that prevent them from returning to their old jobs need to seek expert advice as to whether they can lodge a claim for TPD. It is important to go and see a lawyer with experience in this area as superannuation polices need to be interpreted for their legal meaning and specialised medical support may be needed, again requiring the expertise of a lawyer who knows what they are doing”.
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