Operating Since 1983
Operating Since 1983
If an illness or injury has affected your ability to keep working, you may have Total and Permanent Disability (TPD) insurance through your superannuation fund or another insurance policy.
A Total and Permanent Disability claim may provide a lump sum benefit and financial support if you meet the definition of total and permanent disability that applies to your cover.
The Personal Injury Lawyers can help you identify relevant TPD insurance, understand the terms of your policy, gather medical and employment evidence, and manage your claim with the insurer or super fund.
Try our free 30 second claim checker or please contact us for a free assessment.
Eligibility for a Total and Permanent Disability (TPD) claim depends on the terms of the insurance policy that applied to you when you became unable to work. There is no single test that applies to every TPD policy, and having a particular injury, illness or diagnosis does not automatically mean a claim will be accepted. Different insurers can use different definitions of total and permanent disability.
When assessing whether you may be able to make a TPD claim, relevant factors can include:
A TPD claim does not generally depend on proving that your injury or illness was work-related or caused by somebody else. The key question is whether your circumstances meet the requirements of your particular TPD cover.
Many superannuation funds include Total and Permanent Disability insurance, commonly known as TPD insurance, as part of a member’s cover.
You may also hold TPD insurance through a separate policy outside super.
If you have changed jobs or super funds over time, it may be worth checking whether you held TPD cover through more than one account. This can mean there is more than one policy to review. When checking your cover, key points include:
Holding multiple super funds does not automatically mean you can make multiple successful TPD claims. Each policy needs to be considered separately against its own terms and eligibility requirements.
A TPD insurance benefit held through super is also separate from your broader superannuation balance, and different rules may apply to accessing that money after a claim is approved.
The evidence required for a TPD claim will depend on the definition and requirements of the relevant insurance policy. Insurers and superannuation funds will generally need information showing how your illness or injury affects your capacity to work and how your circumstances meet the applicable TPD definition.
Medical evidence is usually central to a TPD claim. This may include reports from your treating doctors, specialists or other health professionals explaining your diagnosis, treatment, prognosis and how your condition affects your ability to work.
Information about your usual occupation can help establish what work you were doing before your illness or injury affected your capacity to continue. Relevant evidence may include your job description, employment records, payslips and details of your day-to-day duties.
Some TPD policies consider whether you may be able to work in another occupation suited to your education, training or experience. Your previous jobs, qualifications and work history may therefore form an important part of the insurer’s assessment.
The insurer or superannuation fund may require claim forms, member information and other supporting documents. These requirements can differ between policies, so it is important to understand what information is needed for each claim.
A strong TPD claim is not simply about providing more paperwork. The evidence needs to address the particular requirements of the policy and clearly explain how your circumstances relate to the applicable TPD definition.
A TPD claim is assessed against the terms of the insurance cover that applied to you. The process generally involves confirming the relevant policy, providing medical and employment evidence, and submitting a claim for assessment by the insurer and, where the cover is held through super, the superannuation fund.
Exactly how the claim progresses can depend on your insurer, super fund and policy. You may also be asked to provide further information while the claim is being assessed.
For a step-by-step explanation of what happens from preparing your claim through to the insurer’s decision, read our guide to the TPD claims process.
A TPD claim can involve interpreting insurance policy wording, preparing medical and employment evidence, and dealing with an insurer or superannuation fund throughout the assessment. The Personal Injury Lawyers can assist by:
Our total and permanent disability lawyers in QLD can help prepare your claim around the cover and evidence relevant to your circumstances, while providing clear legal advice throughout the process.
If your claim has already been declined, learn more about what happens when a TPD claim is rejected.
The Personal Injury Lawyers assists with TPD and superannuation claims across Queensland, with offices in Brisbane and the Gold Coast.
A TPD payout is generally based on the insured benefit under the relevant policy, rather than a standard compensation formula. This means the lump sum payment available can vary considerably between people and between policies.
If you hold more than one valid TPD insurance policy, each policy may provide a different insured benefit and have its own eligibility requirements. A successful claim under one policy does not automatically mean another claim will also be accepted.
For more detail about insured benefits and what can affect the amount payable, read our guide to TPD payouts.
A TPD claim is separate from other personal injury compensation claims. Depending on how your illness or injury occurred, you may also have another claim pathway available under Queensland law. Eligibility for each claim is assessed separately.
If your illness or injury is connected with your employment, you may also be able to make a workers’ compensation claim. This is separate from any TPD claim through your superannuation fund or insurer, and different eligibility requirements apply.
If your injury resulted from a car, motorcycle or other motor vehicle accident, you may also have a separate motor vehicle accident compensation claim. A TPD claim does not depend on the outcome of that claim, and each pathway is assessed under different requirements.
If your injury was caused by unsafe conditions or another party’s negligence in a public or private place, you may also have a public liability claim. This is separate from any TPD insurance benefit you may be eligible to claim.
The Personal Injury Lawyers handles TPD claims on a no win no fee basis. This means our professional legal fees are only payable if your claim succeeds.
Your costs agreement will explain how professional fees and any outlays are treated before you proceed, so you understand the arrangement that applies to your matter.
Learn more about our No Win No Fee arrangements, or read our guide to how much lawyers charge for TPD claims.
Potentially. A TPD claim generally does not require your illness or injury to have been caused by your employment or another person’s negligence. Eligibility depends on the TPD insurance cover you held and whether your circumstances meet the definition and other requirements of the relevant insurance policy.
You may be able to make multiple claims if you held TPD insurance through multiple superannuation funds or separate policies. Each policy is considered separately, so you will generally need to establish that the relevant cover was in place and satisfy the requirements of each policy you claim against.
Potentially. Income protection and TPD insurance provide different insurance benefits and may both be available depending on the terms of your policies. Income protection generally provides regular payments where the relevant incapacity requirements are met, while TPD insurance generally provides a lump sum benefit if you satisfy the applicable total and permanent disability definition.
Potentially. A workers compensation claim and a TPD insurance claim are separate claim pathways with different eligibility requirements. If a workplace injury or illness leaves you unable to work, you may have rights under the workers compensation scheme as well as TPD cover held through your super fund or another insurance policy.
Potentially. A mental health condition may support a TPD claim where its effect on your capacity meets the requirements of the relevant policy and is supported by appropriate medical evidence. As with a physical injury or other illness, having a particular diagnosis does not automatically mean a TPD claim will be accepted.
Yes. While The Personal Injury Lawyers is based in Queensland, we can assist with TPD claims across Australia. Many parts of a TPD claim can be managed by phone, video and electronically, including reviewing your insurance cover, gathering supporting evidence and communicating with your insurer or superannuation fund.
Changing jobs or super funds does not necessarily prevent you from making a TPD claim. Your employment history, previous job, the timing of your illness or injury and the TPD insurance cover you held may all be relevant when identifying which policy applies and whether you may be able to claim TPD insurance benefits.
No. TPD insurance and death cover are separate insurance benefits, although both may be provided through the same superannuation fund. TPD cover may provide a benefit if you satisfy the policy’s definition of total and permanent disability, while death cover generally provides a benefit following the insured person’s death. The cover available will depend on the particular super fund or insurance policy.
Not sure whether you may be able to make a TPD claim? Our quick TPD claim checker can help you understand whether you may have a potential claim based on your circumstances. It takes around 30 seconds to complete, or you can contact our team if you would prefer to discuss your situation directly.
The Personal Injury Lawyers are long-term members of several professional legal organisations and are also listed across recognised legal directories, including the Australian Lawyers Alliance, Gold Coast District Law Association, Queensland Law Society, LawConnect and Doyle’s Guide.
Try our free 30 second claim checker or please contact us for a free assessment.
