Unable to work? You might be able to claim on your super insurance
“Shouldn’t I get a TPD payout if I’m injured and can’t work anymore?” – Which case won?
The complainant was a 61-year-old man who had obtained a higher school certificate and a TAFE certification in grounds, gardening and pool maintenance. He also had training in the hospitality, bar and bistro and security industries.Â
On 1 September 2000, the man commenced employment as a groundskeeper with the employer. He became a member of the employer’s superannuation fund. Â
On 20 March 2001 he suffered a back injury at work while shovelling earth into the back of a tipper truck.Â
He attempted to work following the injury, but due to intense pain was ultimately unable to do so. Â
The man sought treatment from a chiropractor and underwent a structured exercise program, but the pain continued. Â
On 16 October 2001, the employer terminated the man’s employment. He received workers compensation after this because of the seriousness of his injury. Â
The man subsequently tried to work in other capacities, but his pain was too intense to allow him to do this.