Summary:
Carbone Lawyers has successfully obtained a Total and Permanent Disability (TPD) insurance benefit for an aged care worker whose WorkCover claim was delayed.
Key Points:
- The aged care worker claims she was made to carry out duties that were strenuous and repetitive, leading to physical and psychological injuries.
- A delay in processing her WorkCover claim left the woman financially vulnerable.
- Carbone Lawyers discovered the woman had an insurance policy attached to her superannuation and obtained a lump sum payout.
- The case highlights the importance of understanding one’s insurance entitlements within superannuation funds.
Case Details:
The forty-year-old woman employed as a Personal Care Attendant in an aged care home initially engaged Carbone Lawyers about a WorkCover claim.
The woman had suffered physical and psychological injuries, which had impacted her life. She experienced constant pain, restricted movement, and an inability to perform daily tasks. The injuries have also affected their social life, sleep, and overall well-being.
The injuries were the result of carrying out duties which she claimed involved significant physical exertion, including lifting and manoeuvring patients, which she often had to perform without assistance. She had raised concerns about understaffing and inadequate resources, but her concerns were allegedly not addressed.
One day, while assisting a particularly heavy patient, she sustained an injury to her neck and shoulder. This incident, combined with the ongoing strenuous nature of her work, led to a range of injuries, including cervical spine and right upper limb injuries, as well as psychological distress.
Although she continued to work at the facility, her condition deteriorated, and she eventually ceased employment. The change in her capacity to work caused a delay in processing her WorkCover claim, leaving the woman without income or compensation.
The woman was unaware she had a Total & Permanent Disability Insurance policy attached to her superannuation fund.
Outcome:
Carbone Lawyers was able to help claim against the policy and obtain a lump sum payment that would give her and her family financial security while they await the outcome of the WorkCover Claim.
Carbone Lawyers says this case is a reminder of the importance of all workers correctly understanding the insurance coverage that often comes with superannuation accounts.
