Who are we?
If you have stopped work due to injury or illness and are unlikely to return to work within your education, training or experience in other words, your resume, then you may be eligible to make a TPD claim. Unlike other law firms, WKB TPD Lawyers solely practise in TPD claims.
WKB Lawyers provides a high level of service to clients who can no longer return to work. The TPD Claims Process can be a daunting task but we simplify this process by handling your case from start to finish and explaining things in simple terms so that you can concentrate on your treatment.
Why Choose Us?
WKB TPD Lawyers act on a No Win, No Fee guarantee and specialise in TPD claims, meaning we have the knowledge, experience and expertise that other firms don’t have.
WKB Lawyers has successfully claimed over 250 TPD claims since January 2020. This equates to around $85 million in insurance payouts for our clients.
Recent Wins
NAME: TPD Benefit amount: $1,791,784.05
First name of client: Nicholas
Injury/illness: 5 back fusions
CLAIM In 2014, Nick had his first back fusion, a further fusion in 2018 in Hong Kong. Unfortunately, the fusion was not successful, Nick and his wife flew back to Australia for further surgery.
The TPD claim was submitted with the IPI claim in late 2019. In April 2020 a further two surgeries were performed.In June 2020, the insurer issued a procedural fairness. The client continued with insurer, stating that he was unable to complete his duties under his ‘own occupation,’In October 2020, further surgery preformed due to failure of previous surgery, the claim was further declined.
WKB Lawyers came on board, and while a further 3 months passed with writing submissions and providing evidence. It took, writing an executive complaint to point out the facts of the case and the reasons why the client is unable to continue under his own occupation policy.
The claim was overturned and paid and now we have an interest claim has been lodged with AFCA, as the claim should have been paid in October 2020.
NAME: TPD Benefit amount: $154,000
First name of client: Fiona
Injury/illness: Mental Health, depression, anxiety.
CLAIM Fiona submitted her claim with SunSuper. When her claim was declined due to not meeting the ANY occupation definition, she requested WKB Lawyers to review the decision.
On receipt of reviewing the procedural fairness it was determined that and independent medical review by a physiatrist was required. We summarise the claim for the psychiatrist and provide all the medical reports and request the doctor to answer very specific questions which takes into account the definition, the facts of the matter.
A re submission to the insurer was provided with the material evidence. The claim decision was overturned within 6 weeks.
NAME: TPD Benefit amount: $2,500,000.00
First name of client: Ian
Injury/illness: Mental Health
CLAIM In 2018, Ian ceased work due to his Mental health.
The TPD claim was submitted by Ian in June 2019, accompanied by treating doctor reports from his specialist.
In September 2020, the insurer issued a procedural fairness. This letter stated that our client had a high likely hood of returning to work within his education, training and experience.
WKB Lawyers were instructed to review the claim to see if our client has prospects of having his TPD claim overturned. After reviewing all the evidence, it was found that there were some evidentiary gaps in the medical evidence. Therefore, WKB Lawyers were instructed to take over the claim with a nice, fixed fee cost agreement.
WKB lawyers then proceeded with technical submissions including the use of some decided case law in support that our client was TPD.
We were very proud to contact the client and let him know that his TPD claim was overturned and paid in January 2021
NAME: TPD Benefit amount: $2,216,000.00
First name of client: Des
Injury/illness: Mental Health, Knee and Shoulder
CLAIM In 2020, Des ceased work due to his Mental health, Knee and Shoulder issues.
Our client decided to have a Lawyer lodge the claim on his behalf to take the stress away and to make sure his claim was guided to a successful conclusion. The client contacted several firms and after a meeting with Warren, decided to go with WKB Lawyers because of experience and good fixed fee.
After gathering the medical evidence necessary, The TPD claim was submitted by WKB Lawyers on 4 September 2020, accompanied by treating doctor reports from his specialist, medical evidence from CSC and the claim forms along with the support of some strong submissions.
Unfortunately, the Insurer had made some errors in the initial assessment by requesting irrelevant reports and after 5 months, WKB Lawyers made a complaint that the claims assessor did not have the skills necessary to assess the claim. Our clients claim was then past onto another “more senior” case assessor. The claim was then assessed as to whether our client provided full and frank disclosure. Overall, the Insurer took a very tough and tortured approach to our clients TPD claim.
After complaints to the executive team and more technical submissions including the use of some decided case law in support that our client was TPD.
We were very proud to contact the client and let him know that his TPD claim was approved for the full amount and paid in September 2021.
NAME: TPD Benefit amount: $105,118.24,
First name of client: Trevor
Injury/illness: Cervical Spine injury, Lumbar spine
CLAIM Trevor had been working in the construction industry where his duties entailed lifting heavy bags of render, heavy physical labour and operating a hoist. Unfortunately, due to a workplace injury moving 14 bags of render 3 times, our client noticed immediate lower back pain that developed which radiated through his neck and left arm.
In mid-2021, Trevor reached out to WKB Lawyers to run both his TPD claims with CBUS and BUSSQ. We quickly collected all of Trevor’s existing reports from his Workcover claim and requested Medical Attendant Statements from two of Trevor’s primary treating Doctors.
We were able to lodge the claims quickly with both funds. Our client was also in financial hardship so WKB acted quickly, and also lodged a Permanent incapacity claim with the trustee for CBUS, which took less than a week to be approved. Shortly after, both TPD claims were approved.
NAME: TPD Benefit amount: $130,742.89
First name of client: Christopher
Injury/illness: Back injury – Lumbar, Shoulder injury – Left Shoulder, Mental Health
CLAIM Chris had initially injured himself 1996, when he was working to lift engines from cars and found that after 3 months, our clients back was starting to hurt and cause issues, after 6 months he started seeing his doctor as it was impacting his capacity to work. Unfortunately, our client was diagnosed with spondylolisthesis. Chris attempted to use consistent pain relief and exercises to try and extend his work life.
In 2008, Chris had a spinal fusion which did give some relief for a few years, however, the surgery noted severe degenerative lumbar disc disease. In 2017, his injuries escalated, and he was offered light duties but was unable to use his left arm and consistent chronic back pain.
Chris was referred to WKB Lawyers in April 2021, and we quickly worked with Chris to obtain all relevant medical evidence. WKB Lawyers then promptly submitted the claim in mid-July. Within in a month, we had obtained a successful outcome, by taking the time collect and corroborate all evidence for the fund prior to submission.
NAME: TPD Benefit amount: $348,000.00
First name of client: Susan
Injury/illness: Major depressive disorder, adjustment disorder and respiratory reaction from inhalation of chemical.
CLAIM In 2019 Susan ceased working due to a decline in her mental health following workplace incident, she unfortunately could not return to the work she was educated, trained, or had experience in. WKB invested the time to ensure that we were able to obtain all the required evidence to lodge a successful claim. We drafted a detailed submission and after a short 8 weeks the claim was formally approved.
NAME: TPD Benefit amount: $617,985.00
First name of client: David
Injury/illness: Parkinson’s Disease
CLAIM In 2017 David was diagnosed with Parkinson’s Disease. He continued to work up until July 2021. David contacted WKB to assist with his TPD Claim, while we were waiting for the Waiting Period to lapse, we were obtaining the required medical evidence. We were able to lodge his claim with all the relevant medical evidence in September 2021 and a decision was made within 7 weeks.
NAME: TPD Benefit amount: $300,000
First name of client: Caleb
Injury/illness: Myotonic Dystrophy
CLAIM Caleb had three TPD claims. He lodged all three claims himself. Two claims were successful, however Caleb was issued Procedural Fairness for the third claim.
Caleb contacted WKB Lawyers to assist with providing a response. After reviewing the Caleb’s file, it was noted that due to the complications with his employment, it would be very difficult to provide the required information for the fund to make a favourable outcome.
WKB Lawyers were able to determine Caleb met the conditions of a different TPD definition. We then obtained specific further medical reports in line with the alternative definition and submitted a detailed response to procedural fairness.
Caleb’s claim was approved four weeks after submitting Procedural Fairness response.
NAME: TPD Benefit amount: $1,000,000.00
First name of client: Delon
Injury/illness: Mental Health
CLAIM Delon approached WKB Lawyers regarding the prospect of a TPD claim.
Delon had also returned home overseas to assist with his recovery but made the prospect of lodging a claim himself more complicated.
Due to Delon’s ongoing medical conditions he didn’t feel he could handle the claim himself.
WKB Lawyers was able to work through these hurdles along with the support of his treating doctors and Delon’s claim was approved in six months.
What is Total and Permanent Disability TPD Insurance?
If you have stopped work due to injury or illness and are unlikely to return to work within your education, training or experience, then you may be eligible to make a TPD claim. Warren Bennett, Principal/Director, and his team explains in the video what the basic eligibility criteria is when making a TPD claim.
Check out our video where we explain what TPD insurance is and a whole lot more.
Tips and FAQ’s
Warren’s experience is rare. He has had the advantage of working on both sides of the fence which means that his tips are both practical and insightful.
Testimonials
Contact Us
Brisbane Office
Level 8 126 Margaret Street
Brisbane City QLD 4000
Phone no: 1800 865 225
warrenbennett@wkblawyers.com.au
Sydney Office
6-7 91 Phillip Street, Parramatta
NSW 2150
1800 865 225
warrenbennett@wkblawyers.com.au
Melbourne Office
Level 10, 555 Lonsdale Street
Melbourne VIC 3000
1800 865 225
warrenbennett@wkblawyers.com.au
Perth Office
Level 1, 100 Havelock Street
Perth WA 6005
1800 865 225
warrenbennett@wkblawyers.com.au
Adelaide Office
Level 5, Tower 2, 121 King William Street
Adelaide SA 5000
1800 865 225
warrenbennett@wkblawyers.com.au