Understanding the TPD claims process

Need help with claiming TPD benefits?

If you are no longer about to work due to a severe injury or illness then you may be able to make a claim for total and permanent disability (TPD) insurance through your super fund.

TPD payouts are designed to cover your medical and rehabilitation expenses along with any other ongoing living costs.

Some of the most common TPD claims include:

  • Severe burns
  • Amputation
  • Blindness
  • Paralysis
  • Cancer
  • Brain injuries
TPD compensation claims can be a long and confusing process. With The Personal Injury Lawyers on your side, we will ensure you get the maximum TPD insurance benefit you are entitled to.

What is a TPD claim?

When people want to make a total and permanent disability claim, it can be difficult to know where to start. It is always helpful to understand what the TPD claim process is and how TPD insurance cover actually works.

Total and permanent disability (TPD) insurance is usually offered automatically through superannuation funds, or it can be purchased as an additional standalone policy. If you become totally and permanently disabled, and this prevents you from ever working again, your insurance company is obliged to provide a lump sum payment as part of their TPD policy. This payment can help cover the cost of rehabilitation, changes to your home and lifestyle, or support your family.

To be declared eligible for a TPD payout, your injuries or illness must align with the definition of total and permanent disability set out by your superannuation fund. This means you will have to go through a TPD claims assessment. This process varies depending on the policy terms and your personal circumstances. Usually, most policies require you to be diagnosed with a condition that leaves you unable to return to work in any capacity.

There isn’t an exhaustive list of all injuries or illnesses which are eligible for a TPD payout. However, some common examples of TPD conditions include amputation, paralysis, burns and mental illness. Conditions like multiple sclerosis or cancer may automatically qualify you for a TPD payout from your superannuation fund.

Successful TPD claims don’t always have to be work-related or caused by negligence. If you’ve experienced any kind of injury or illness that prevents you from working, then a successful  claim may be possible. To find out more about your eligibility, speak further with your insurance fund or contact our experienced TPD lawyers.

How can a lawyer help when claiming TPD benefits?

When we start your TPD insurance claim, there are a number of things we’ll undertake. Firstly, we complete all the relevant paperwork from your insurance provider. Once the paperwork is completed, we work with you to provide evidence of your disablement.

This part of the process may require medical reports, statutory declarations, and pay slips demonstrating how your earnings have reduced since your injury or illness. Your insurer can then assess your claim with us and suggest whether you are eligible for a TPD payout.

To make a successful TPD claim, you have to demonstrate that your injuries or illnesses are so severe that you will never be able to return to work again. Often, this can be tricky to prove by yourself, and that is why you should consult The Personal Injury Lawyers before you make a TPD claim to help you secure a favourable outcome.

How long does a successful TPD claim take?

It usually takes between 12 to 18 months for total and permanent disability (TPD) claims to be approved. However, the less complex the case is, the less time it will take to receive your TPD benefit. In most instances, there is a six-year TPD claim time limit to file court proceedings. This period commences when an insurer or superannuation fund rejects your claim for the first time. However, this is not always the case, so it is very important to seek legal advice as soon as possible to ensure your rights are protected.

We're here to help and there is no cost to discuss your claim

We know all too well that TPD insurance claims can be confusing, so don’t get lost in the sea of complexities. You’re welcome to just give us a call, chat with you, or send an email to us. We’ll be glad to help you. There is no cost for the call or to speak to our lawyers, and you’re under no obligation.

Can you work after a TPD payout?

In short, yes, you can. There is nothing stopping you from returning to work after your TPD payout. This can occur by retraining in another field or profession, or discovering a treatment that allows you to return to your previous role in some capacity.

However, it is important to consider how different insurers and super funds frame their TPD policies. Some policies can be harsher than you expect, and require a successful applicant to have lost a limb, their sight, or to no longer be mobile without assistance to make a TPD claim. Sometimes, even though you cannot return to work, you will not fall into any of these criteria.

For example, if a carpenter injures their back while on the building site, permanently disabling them and preventing their return to work, they may still be ineligible for a TPD payout. This is because the insurer may only pay if they have sustained a ‘loss of use of limbs’ or can no longer complete at least two of the five ‘activities for daily living’: bathing, eating, dressing, moving and toileting. Further, the insurer may suggest that because the carpenter could still work in a non-physical area of their field (TAFE teaching, hardware store), then they are ineligible to be classed as someone who is unable to work.

We highly recommend that you read your insurer or super fund’s TPD policy to better understand the conditions that determine a successful payout. Our experienced TPD lawyers can assist you with understanding your policy’s criteria and source the necessary evidence to successfully claim TPD insurance benefits.

Can I make multiple TPD claims?

If you have more than one superannuation policy, it is possible to pursue multiple TPD insurance claims. It’s likely that each fund’s TPD policies will vary in scope, so it is important that if you are considering multiple payouts, you investigate how they differ. Your superannuation fund’s product disclosure statement (PDS) should have all the details available about your level of TPD cover.

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TPD lawyers Brisbane, Gold Coast & Australia

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