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Tax, centrelink, legal fee's.....

Discussion in 'Superannuation, SMSF & Personal Insurance' started by Tlcjuliet, 3rd Jun, 2012.

  1. Tlcjuliet

    Tlcjuliet New Member

    Joined:
    3rd Jun, 2012
    Posts:
    2
    Location:
    Mackay
    hi all

    I just wanted to ask a couple of questions, I have been reading this forum for ages as a guest and have just signed up. What I wanted to ask was in relation to my tpd claims I have. A bit of background so you don't get confused ...I was a 2 month new employee working for a big mining company. My husband worked in my dept and I loved my job. I had taken leave 12 months from my government job ( as I was also doing criminal law in uni at the same time, so something had to give) and in my second month of work, I was called to a supervisors office for " training" as he said I didn't pass the exams to be classed as " competent." to lock out machinery to work on it. I have the completed exam, I passed at 100% so I know I was competent. but I went to the training, where he locked me in a soundproof room and abused me, called me names, said my boss was a so and so and he also said if I ever mentioned this to anyone...he would...me over the table. I was dumbstruck. 3 weeks later he was ringing all of my crew asking where I was. I eventually took his call where he proceeded to abuse me, but I had it on speaker so the person I was with heard it all. She was shocked...so we went to my direct supervisor and asked could I NOT go see him for this ." ,so called" training. My boss said " your a big girl, pull ur socks up you will be right" my workmates was saying " but yes, you didn't HEAR what he was saying to her! " Anyways to cut it short, I had to go. He locked me up again, did things to me I wish on no one else especially in the workplace, he physically abused me, threatened me, assaulted me. I left in a mess, went to resign, and my husband kept asking what was wrong. I told him. he immediately reported it to management. I had to tell them what happened, so I to,d them only a small amount. I didn't want to be classed as a trouble maker, I was a newbie! Anyways, three weeks later he was stood down, as he was caught stalking me and following me everywhere. I was also put on special leave, as I was a mess and had started self harming myself just to go to work. My gp put me on compo...I felt so bad I just wanted to do my job! Eventually, he admitted to the company psyc what he did to. Me, he admitted to 11 of the 13 charges I put on him..but the kicker is, I got told if I went to the police, I would live in a world of hurt...so I didn't go, as I was scared. anyways, I have not been back to work, he has, he got fined $5000 and kept his job. Eventually qcomp offered me over 55 000 but I rejected it as I want to go to common law. I was classed as 19% injury with them. I had two super policies and both have been approved with very little fuss. I want to know, can someone give me a rough estimate on what lawyers charge, as the company I am doing no win no pay thru for taking the company to common law offered me this tpd claim help. I did the qsuper mostly on my own, and they did most of the work for the Mercer claim. I am insured for app 350 000 k. I'll also mention I get a blind pension from centrelink, as I have ms and kaeledscopic vision with it, which classes me as legally blind. Will I also lose my blind pension when I receive the money? What tax do I have tompay?? They both told me that it should be received in 2 weeks, it just has to go to my lawyers to be signed off on. I also see a psychiatrist and psycologist fortnightly and have been for 18 months since this happened. Apparently I have depression, self harm, ocd, ptsd and severe anxiety from what this prick did to me ...Thanks for any advice...~ Jules
     
  2. Superman

    Superman Well-Known Member

    Joined:
    6th Nov, 2007
    Posts:
    343
    Location:
    Gold Coast, QLD
    OK - you put a lot of information in one large block - but considering your vision impairment the fact that you posted at all is to be commended :)

    Basically any money you receive from a lump sum payment will be counted towards your the Centrelink asset test.

    The insurance proceeds may be able to be kept inside the super environment to provide an income for you which may work better in regards to any disability pension you are entitled to.

    I would make an appointment with a Centrelink FIS (Financial Information Service) officer as they can probably answer a lot of your questions around your pension and anything you can do to ensure you keep it.

    I hope you sue the arse of the company who let what happened to you happen - it almost defies belief.

    Good luck :)
     
  3. Tlcjuliet

    Tlcjuliet New Member

    Joined:
    3rd Jun, 2012
    Posts:
    2
    Location:
    Mackay
    Thanks Superman

    Thank you for your reply. I spoke to them and as I am on a blind pension, nothing is affected, so I paid my home off and put a little aside. Paid a lot of tax but that was expected. Lawyers only came in at 10K so all good there too. Still ongoing dramas with business, but doing a sit down with them soon. My mental status is not any better atm, but I think if I stay away from psychs it will come good. Thanks for your advice and all, and yes, it is hard to see thru the vision I have, as well as most days 6/20 vision, but thats why I love my reader so much, even tho some days it spits out the weirdest words! I am actually directing my studies in law to assist men and women who have had the same problems as I had, so something good has come from all of this after all. Thanks once again - Jules