Total & Permanent Disability Payout Case Studies

Our client sustained severe burns covering 85% of their body following a single vehicle motor accident. Following the accident, our client was involved in several surgical procedures and experienced significant restrictions in movement, chronic pain, nerve pain and back pain from burns and scars. At the time of injury, our client was employed as a Chef and for their entire working life, they had worked in this position. Although our office provided a supportive medical TPD report completed by our client's specialist when lodging their claim, the Insurer requested further medical reports from their previous and current General Practitioner and the claim was under review by the Chief Medical Officer. LHD Lawyers had this claim approved within five months by chasing the insurer regularly and providing all relevant information in a timely manner to ensure the claim was progressed without delay. The client received their TPD benefit of $319,322.00.

Our client was employed as a courier in NSW and suffered a workplace accident in 2013 where they injured their right groin. They also suffered ongoing hip pain as a result of the groin injury. They subsequently found alternative work as a merchandiser but was unable to continue with the role as a result of the ongoing hip and groin pain. LHD Lawyers proceeded with a successful TPD and Income Protection claim where the client was approved to access their super account balance prior to retirement age including their TPD lump sum benefit. The client was also approved to receive ongoing income protection benefits separate to their TPD lump sum benefit up to the age of 65.

Our client suffered a nasal fracture when they were struck on the face by a heavy metal cyclone lid during the course of their employment. They experienced immediate pain and bleeding on their face in addition to symptoms of dizziness. They underwent surgery and their nasal fracture was reduced and extensive nasal lacerations were repaired. However, since the injury, our client experienced severe neck pain, headaches, fatigue and some loss of memory. Our client underwent a further reconstruction surgery in Auckland to improve the right side of their nose. At the time of injury, our client was employed in the position of a Driller's Assistant and they had worked as a Driller their entire working life. LHD Lawyers submitted our client's TPD claim by claiming that our client is unable to return to their previous work history as they suffer from severe fatigue and memory loss and it would be unsafe for our client to work in an environment which involved using heavy and expensive machinery. Our office gathered TPD medical reports to support our client's claim and were successful in achieving a positive outcome. Our client received a total payout of $151,051.31 from their approved TPD claim.

Our client suffered injury to their arm and right shoulder during the course of their employment on 17 July 2020. Our client underwent surgery to their right shoulder and had a further surgery as their symptoms had not resolved. At the time, they were employed in the position of a Truck Driver/Machine Operator and ceased all work on the date of injury. Our client's work history involved working in manual/physical roles. LHD Lawyers gathered substantial evidence including reports from their treating doctors to support our client's claim prior to lodging the claim with their super fund. The TPD claim was lodged on 18 January 2022 and subsequently approved on 15 February 2022. Our client received a total payout of $78,748.34.

This client has suffered mental health issues as a result of bullying and harassment in the workplace. The symptoms began in 2018 and they ceased work as a result of the deterioration of their mental health in 2019. Our client has not been able to secure any work in the manual labouring industry since and has no other skill or qualification other than manual labouring work. LHD have been able to achieve a successful outcome for this client where they will now be entitled to their TPD benefit of $475,714.00 paid in 6 annual lump sum instalments as well as early access to their remaining super account balance.

Our client was subject to bullying and harassment from their employer and suffered psychological injury as a result. They were unable to return to work and has not been able to return to any gainful employment since 2021. Our client was employed as a retail manager and has worked in retail for most of their working life. LHD pursued a TPD and Income Protection claim with their super fund where they were awarded access to their TPD benefit and remaining super account balance. LHD also achieved a successful outcome in their Income Protection claim where they will be entitled to receive ongoing monthly benefits for a period of two years.

Our client suffered a back injury at work which required surgery. They were working as a farmhand at the time they suffered injury and has not been able to secure any gainful employment since 2018. This client has always worked in physical, hands on roles. They did not have any other skill or formal qualification. LHD has been able to secure two successful TPD outcomes for this client from two separate super funds of which this client was a member with at the time they last actively worked. The client recieved $381,971.66 and $132,400.00 from two separate funds.

Our client has long suffered from mental health problems but it has never affected their ability to engage in employment until 2013. In 2013 our client's condition deteriorated. They found themself unable to keep up with their retail shop assistant role and ceased work as a result. Because of our client's condition, they were unable to find and return to any other work since. LHD successfully brought a claim for TPD benefits under the client's super membership that was active at the time where they were approved to access $112,346.00.

Our client was bullied at work by their manager and suffered severe psychological trauma as a result. They came to LHD for help in relation to their workers compensation claim. Not only were LHD able to assist them with that, LHD also identified their TPD entitlements and were able to ensure their TPD claim was assessed, accepted and paid within 6 months of lodgment.

Our client was diagnosed with a degenerative condition that gradually robbed them of independent living. BT initially declined the member’s claim because they were not, according to BT, disabled enough. LHD fought the decision, and the client was paid their full benefit plus interest on the unreasonable delay.

Our client suffered psychical and psychological injuries while working as a prison guard. LHD lodged the members claim which was accepted in 6 days and the member was paid their full benefit.

Our client was at work when they were physically assaulted by one of their customers who also made threats on their life. Due to this incident, our client suffered PTSD, depression and anxiety. The insurer declined the claim as they believed our client had transferrable skills which would allow them to work in alternate occupations. LHD obtained expert reports which supported that our client's mental health conditions were incompatible with the suggested return to work options, resulting in our client being awarded significant compensation.

Our client suffered psychological injuries due to experiencing workplace bullying and harassment. They were a highly educated university lecturer who could no longer work due to their conditions. To maximise the chances of success in this claim, LHD worked tirelessly with our client's psychologist, GP's and independent experts to build a strong body of medical evidence. LHD made additional submissions throughout the claim which ultimately led to the claim being approved.

Our client was involved in a severe motor vehicle accident in 1998 which led to injuries to their neck and shoulders. Following this incident, our client returned to work in their usual occupation as a Chef. However, these injuries were debilitating, causing them chronic pains and headaches. Eventually, our client also developed post-traumatic stress disorder, depression, anxiety and obsessive compulsive disorder which caused them to cease work in 2013. LHD worked expediently with our client's treating GP and specialist, and their previous employer to obtain evidence to support their claims. LHD was ultimately successful in two separate claims made against different superfunds and insurers.

Our client was subjected to bullying and harassment during the course of their employment at a Union. They developed Post Traumatic Stress Disorder and a Major Depressive Disorder. LHD lodged a TPD claim for our client which was approved, but a contest ensued between the insurer and superfund trustee as to the client’s date ceased work. LHD assisted and pressed both parties in arriving at a consensus to enable our client to promptly receive their monies. Our client was very happy with the outcome of their claim.

Our client sustained a psychological injury due to bullying and harassment in their usual employment role of Corrective Officer. LHD lodged TPD claims with our client’s two superannuation funds, Hostplus and Aware Super. We supplied an independent medical examination report which was obtained in our client’s Worker’s Compensation claim to expedite the determination of our client’s claims. They received a total benefit of $369,200 from their superfunds.

Our client was employed in a retail store where they experienced a fall causing shoulder, neck and hand injuries. They were pressured by their manager to return to work after their injury which caused them to suffer psychological injury in the form of Depression and Anxiety. LHD lodged our client’s claim with Sunsuper and it was approved by the insurer in 10 days much to our client’s satisfaction.

Our client was employed as a Storeman when they suffered back, neck, shoulder and arm injuries during a fall at work. LHD lodged a claim for TPD benefit and the insurer argued that our client may be able to recover from their condition and improve their work capacity with surgery. LHD argued that our client should not be forced to undergo treatment when they were concerned about the adverse risks which may eventuate from said treatment. The insurer accepted this argument and approved our client’s claim.

Our client in VIC, a former commercial analyst, was diagnosed with sarcoma cancer in 2021. They underwent surgery to remove the cancer however ended up losing part of their kidney, liver, and diaphragm. A claim was lodged for terminal illness noting doctor’s reports which confirmed a reduction to life expectancy. LHD were able to secure a total benefit of $491,000 in less than 8 months from lodgement.

Our client in NSW who last worked as a dental technician became unable to work following issues arising from surgery undertaken to remove a brain tumour. Around February 2021, our client was diagnosed with a brain tumour and suffered complications particularly in respect of recovery. A claim was lodged against their superfund for payment of the insured benefit for total and permanent disablement and the claim was accepted and paid in full for over $254,000 within 6 months from lodgement. Our client was extremely relieved as they were under severe financial hardship.

Our client was employed as a specimen/pathology collector. Around May 2019, our client was formally diagnosed with breast cancer after suffering ongoing symptomology. Consequent of the treatment and impact of the illness, our client was also diagnosed with complex PTSD in September 2020. A technical issue potentially impacting the success of a claim can arise where there is a gap between date of symptomology, date of diagnosis and date last worked. LHD lodged a claim for TPD benefit addressing this issue prior to the potential technical point being raised and successfully argued that the claimant qualified for a payment as a result of their various comorbid conditions. The fund accepted the claim and paid over $650,000 within 5 months of the lodgement date.

Our client was diagnosed with breast cancer in 2015 and underwent several years of treatment for the invasive breast cancer. The Insurer initially disputed this claim and issued Procedural Fairness submitting that our client's condition had not stabilised and they had made return to work attempts. Moreover, the Insurer argued that our client's cancer had resolved and they could consequently return to some work. Our office placed this claim on hold for some time, requested updated medical reports from their treating doctors confirming their cognitive and functional impairments following treatment for the invasive cancer and their psychological symptoms that had developed as a result. Our office responded to procedural fairness with medical evidence confirming their inability to return to any type of work within their education, training and experience and made arguments relating to our client's failed return to work attempt. LHD Lawyers were successful in having this client's TPD claim approved and they received a total benefit of $598,358.

Our client suffered multiple severe injuries after a boiler they were working on exploded. Though our client returned to their workplace on light duties within two months, LHD were able to successfully prove the client was not engaged in real world employment and secure their benefit payment in less than 6 months from lodgment.

Our client was working as a sheep shearer when they injured their right leg in 2020. They were unable to continue with their employment as a result of the right leg injury, having worked as a shearer and farmhand their whole working life. LHD brought a claim for total and permanent disablement insurance benefit under this client's super membership where they were approved to access their remaining super account balance and insurance benefit of $115,640.00, prior to retirement age.

Our client ceased work due to permanent nerve damage to their right arm. The nerve damage was a result of surgery where skin was removed from their arm to transfer to their jaw where they had a tumor removed. As a result of their conditions, our client was unable to return to work in retail selling furniture. LHD have been able to secure this client early access to their remaining super account balance and access to the TPD benefit they were insured for as at the time they last actively worked. This client was also insured for income protection benefits where LHD have achieved approval from their fund where they will receive monthly payments for the next 10 years.

This client suffered a traumatic brain injury in 2016 which left them with ongoing mental health issues. At the time, this client was working as a process technician in the mines. They have not been able to return to any gainful employment since 2016 due to ongoing symptoms. LHD were able to locate two lost super funds for this client and were funds that had active cover as at the time this client last worked. Two TPD claims were brought for this client where LHD were able to obtain an approval for the release of this client's TPD benefits with both funds.

Our client sustained a left knee injury at work resulting from a fall from a height of 3 metres. They experienced significant pains and functional restrictions, and was unable to return to work in their previous occupation as a Fixed Plant Fitter. Despite having undergone total knee replacement surgery, their recovery was poor and our client was left with permanent impairment. The insurer argued that our client could return to work in lighter duty roles or in alternate occupations. LHD Lawyers disputed this by lodging submissions supporting that our client was not capable of these lighter duties, or that suggested roles were not within their education, training or experience. The claim was ultimately successful and our client received a total payout of $500,000.

Our client suffered serious injuries including brain damage and psychological sequalae in a motor vehicle incident. LHD were able to identify TPD benefits through two separate funds as well as IP benefits. LHD were able to obtain both of the members TPD benefits and prove the member was eligible for IP payments from 2010, 2012 and continuously from 2016 and ongoing to age 60.

Once our client’s claim was accepted, the insurer paid the incorrect sum insured to the fund. LHD were able to successfully argue the insurer had incorrectly applied their own policy and secured the client an additional $105,000 adding to $300,000 in total.

Our client worked as a career Bus Driver. Overtime, they developed osteoarthritis which caused their chronic low back pains and right knee pains. These physical conditions caused our client to develop secondary depression and anxiety. LHD lodged our client's claim with supportive reports from their treating doctors, although the insurer was not satisfied that they were TPD. LHD then obtained a report from an independent expert and lodged submissions resulting in the claim being approved. LHD also offered our client ongoing support for their income protection claim payments after the TPD claim had resolved, as our client had difficulties meeting ongoing requirements requested by the insurer.

Our client suffered injuries to their neck and left shoulder whilst undertaking work as a Truck Driver. They underwent conservative treatment before undergoing spinal surgery, although they continued to suffer from persistent pains and restrictions. LHD obtained supportive reports from their treating doctors and utilised reports we already obtained in their workers compensation claim to pursue their TPD claim, which was approved within 3 months.

Our client was performing repetitive twisting and turning movements in his role as a Machine Operator when he sustained an RSI injury to his left hip and knee. The insurer had requested our client’s Worker’s Compensation file in order to provide a decision on the claim, however the timeframe to receive the file was indefinite. LHD caused a letter of demand to the insurer requesting an immediate decision on the claim in the absence of any further material leading to our client receiving his payout of $409,023.22 earlier than he anticipated.

Our client was a career software engineer who experienced a series of tragic life events including the passing of close family members. As a result of these events, our client's mental health deteriorated, causing them to cease work. They made subsequent return to work attempts with various employers but was unsuccessful and was eventually diagnosed with depression, anxiety and severe mood disturbance. In order to successfully pursue their TPD and IP claims, LHD conducted thorough enquiries and obtained statements from all employers from the onset of our client's conditions and tied this together with reports from treating doctors and an independent medical report from a specialist doctor.

Our client was a social health worker. In their roles, our client experienced different pressures from colleagues, management and their clients, which led to significant increases in his stress levels. Eventually, the stress led to burnout and low mood and our client developed a number of mental health conditions including major depression and anxiety. LHD obtained reports from our client's treating doctors which were supportive but not definitive on the question of TPD. This was later achieved by LHD organising an independent expert opinion and helping facilitate a detailed supplementary report from our client's treating psychiatrist, we successfully obtained a decision from the insurer to approve the claim.

Our client was a fruit picker who fell off a ladder at work and severely injured his right ankle, leading to permanent impairment. When our client approached LHD, he was experiencing severe financial hardship as his workers compensation entitlements had been reduced and unforeseen medical and personal expenses had arisen. Despite being aware of this, the superfund delayed our client's payout by enforcing that arbitrary requirements from its internal policies which were not in line with the law. To expedite the process, LHD made submissions and phoned and emailed the superfund multiple times on a weekly. We kept our client informed of ongoing developments and this gave our client the reassurance and confidence that he needed.

Our client was a machine operator who developed rheumatoid arthritis which affected their spine, and this condition eventually caused her to cease work. Although our client consulted a GP and specialist who recommended them treatment options including pain medication, they were informed that their condition was incurable and would lead to continued deterioration. Despite this, our clients' doctors were reluctant to assist with our client's TPD claim as they had temporarily moved out-of-state and were no longer consulting them. LHD worked tirelessly corresponding with the doctors and with our client to address outstanding concerns, facilitate consultations and to obtain medical reports which proved key to getting our client's claim approved.

Our client was employed as a Chef when they were diagnosed with carpal tunnel syndrome and De Quervain’s Tenosynovitis. Their work history was confined to the role of chef and so LHD argued that due to the significant use of one’s hands required in undertaking chef work, our client was totally and permanently disabled from returning to work within their education, training or experience in the future. They received TPD benefits from both their superfunds, amounting to a total of $390,600 with one of the claims being approved in 18 days.

LHD Lawyers assisted our client in the ACT with both Total and Permanent Disablement and Income Protection claims in respect of injuries they sustained during a 2004 motor vehicle accident. Despite the length of time which had passed since the date of injury, LHD was able to obtain sufficient medical evidence to allow our client’s claims to receive favorable outcomes. Our client received a $152,100 TPD payout and a lump sum IP payment for retrospective benefits of $174,400.

Our client in NSW was involved in a motor vehicle accident during late 2020. They were employed as a scaffolder but were not actually working at the time of their accident because their employer temporarily ceased trading due to covid-19 lockdowns. LHD Lawyers argued that our client was still eligible to claim because had they not sustained their shoulder, neck and knee injuries during the accident, they would have returned to work when the lockdown ended. We were able to secure a TPD payout of $138,000 for our client in less than two months to their delight.

Our client in NSW was a former Qantas cabin crew member. They sustained a back injury which exacerbated at various times until they became unable to work. They underwent both Functional and Employability Assessments to determine their future work capacity. Despite having a broad work history prior to their employment with Qantas, LHD Lawyers successfully argued that our client was unable to return to work within their education, training and experience in the future and our client obtained access to a $310,000 TPD benefit, as well as early release of their superannuation account balance.

Our client was a truck driver who developed severe depression and anxiety due to pressures from their workplace and managers. At the time we lodged our client's TPD claim, our client was consulting a treating GP but had not consulted a psychologist or psychiatrist yet. The insurer refused to approve our client's claim because of this, even though the treating GP had provided supportive opinions that our client was TPD. LHD provided our client with advice and support which prompted them to obtain treatment from a treating psychiatrist who subsequently provided us with a strong medical opinion which we used to get our client's TPD claim approved.

Our client was a senior sales consultant and suffered a stroke in 2016. They continued to work until September 2019, took a break for a year and made an attempt to return to work in 2021. LHD successfully claimed the return to work was a failure and the claim was accepted from September 2019. LHD further identified a second TPD Policy and Income Protection for the client, all of which was paid.

Our client was working as a construction labourer and suffered a hand injury. Though it was a relatively minor injury LHD successfully argued it prevented the client from returning to work within their education, training and experience. This resulted in a payout of over $150,000.

Our client suffered a serious psychological injury in 2014. Our client returned to work between late 2019 and early 2021. Despite ceasing work after their insurance cover expired, LHD successfully argued that the member was entitled to their benefit. We successfully secured them a settlement of over $300,000.

Our client suffered a serious psychological injury during the course of their employment. LHD prepared the claim which was then admitted four days after being lodged. We successfully secured them a payout of over $140,000.

Our client suffered a shoulder injury in 2017 and continued to work until 2021. Despite their insurance cover expiring before they ceased work, LHD successfully argues the client was entitled to their benefit from the date of injury. We successfully secured the client over $30,000.

In 2021, our client was unloading a container and moving a box when they felt pain in their lower back with radiation of pain to their left leg. Consequently, the suffered injury to their lower back with radiation of symptoms into their left leg and became unable to resume work. LHD successfully claimed the insured benefit in full to the client's great relief which was over $150,000.

In 2015, the claimant experienced a breakdown from which they were subsequently diagnosed with major depression, bipolar and complex PTSD. The claimant last worked as a manager in the retail industry. LHD successfully argued that the member was entitled to their benefit.

The claimant has been unable to resume their pre-injury work since November 2020 as a result of significant anxiety and depression. Our client was formerly employed in site management on a full-time basis. In or around 2019, they were exposed to a pattern of ‘adverse’ behavior, incidents and working conditions in the course of their employment which caused them to develop a primary psychiatric injury. The claim for total and permanent disablement was lodged with his superfund and accepted in full without the need to litigate.

In or around 18 February 2016, our client sustained injury during the course of their employment involving their left knee, the left arm and posttraumatic stress disorder. Our client had recovered sufficiently from this previous injury and gained a full-time position at an Age Care Facility. They were not required to undertake a pre-employment medical examination. In or around February 2019, our client sustained further injury during the course of their employment namely injury the right arm requiring surgery and sequalae of psychological injury. LHD successfully argued the claimant was entitled to their benefit of $37,000 and the matter was promptly accepted by the superfund.

The claimant suffered an infection around mid-June 2020 and was in hospital for 6 weeks. The claimant was eventually diagnosed with 50% loss of use in right arm and suffered loss of a finger and obstruction of a vein in their heart. This led to a stroke which has then caused loss of vision amongst various other ailments and limitations. Consequently, they became unable to resume their pre-injury work as a result of their comorbid conditions. LHD acted promptly in the lodgment of their claim which the fund accepted in full in less than 6 months. The fund initially made a partial approval however LHD argued further in favour of the member resolving in full acceptance of their insured sum.

Our client was diagnosed with Major Depressive Disorder and Generalised Anxiety Disorder as a result of sexual harassment during the course of their employment. LHD lodged this TPD claim with supportive medical reports from their GP and also IME report of an Independent Psychiatrist. The insurer declined our client's claim on the basis that they had not exhausted all treatment options and reached maximum medical improvement. LHD obtained further medical reports from our client's GP and Psychiatrist and fought the decision. Our client was paid his TPD benefit after consideration of the new evidence.

Our client was involved in a serious motor vehicle accident whilst they were on their way to work. This claim was approved within three weeks however the insured amount approved was lower than anticipated. The TPD benefit as at our client's date last worked was $226,180.00 however the insurer confirmed that the date of disablement was considered a different date, the date of accident, and the insured benefit was $148,802.00 at this time. The insurer noted that there is no evidence in our client's file confirming he returned to work after the accident. LHD advised our client not to accept the lower TPD insured benefit. LHD retrieved documentation relating to our client's employment from the WC claim file, obtained copies of our client's bank statements revealing income received post injury and also contacted the client's last employer. Following review of the additional evidence, the insurer approved the benefit amount of $226,180. 00

Our client was diagnosed with PTSD, Major Depressive Disorder and Associative Distorted Thoughts Disorder following exposure to traumatic events whilst working as a Corrective Services Officer. During the course of their employment, our client was required to work as a high-risk offender manager and the role was extremely stressful and difficult. LHD gathered evidence to support our client's claim including a report from their GP and Psychiatrist, employment information and also retrieved our client's WC claim file to be served to strengthen the claim. This led to a successful outcome being reached within one month following lodgment of the claim.

Our client suffered a back injury during the course of their employment whilst they were working as a telecommunications rigger. LHD lodged 2 x TPD claims with supportive medical evidence. Our client's CBUS TPD claim was approved on 12 August 2022 however there was a significant delay in the assessment of our client's Plum Super claim. The Insurer advised our office that they will only communicate with LHD via the fund and as a result, there was evidence and information missed during the assessment and we were not provided with regular updates. LHD lodged an internal complaint against the Insurer and Fund for delays in assessment and not acting in the best interests of our client. Following receipt of our complaint, our client's TPD claim was approved within 21 days and our client received his full benefit.

Our client was performing repetitive twisting and turning movements in their role as a Machine Operator when they sustained an RSI injury to their left hip and knee. The insurer had requested our client’s Worker’s Compensation file in order to provide a decision on the claim, however the timeframe to receive the file was indefinite. LHD caused a letter of demand to the insurer requesting an immediate decision on the claim in the absence of any further material leading to our client receiving his payout of $409,023.22 earlier than they anticipated.