Operating Since 1983
Operating Since 1983
Try our 30 second TPD claim check or contact us to get help
If illness or injury has changed your ability to keep working, one of the first questions may be whether you have Total and Permanent Disability (TPD) insurance through your superannuation or another policy.
From our Surfers Paradise office, The Personal Injury Lawyers assist Gold Coast clients with identifying TPD cover, understanding the definition that applies to their policy and working through the evidence an insurer may require. Claims can involve physical injuries, serious illnesses, mental health conditions and other circumstances affecting a person’s capacity for work.
Visit our Surfers Paradise office or contact our legal team for an obligation-free initial consultation about your potential TPD claim.
A TPD claim often starts with a practical question: what insurance cover actually existed when illness or injury affected your ability to work? That can be less obvious if you have changed employers, moved between super funds or held more than one account. Our Gold Coast TPD lawyers can help identify the relevant cover before preparing and progressing your claim.
Our legal team manages the claim from start to finish while keeping you informed about what the insurer requires and what happens next.
Address: L6, 33 Elkhorn Ave, Surfers Paradise QLD 4217
Opening Hours: Monday to Friday, 8:30 AM – 5:00 PM
Phone: 1800 958 498
Fax: 07 5630 0630
Email: Send a message
Where you live does not determine whether you qualify for TPD. Eligibility depends on the Total and Permanent Disability Insurance cover you held, the definition contained in the relevant policy and the evidence supporting how your illness or injury affects you.
The type of work you were doing can still be important. Someone in a physically demanding trade may have very different work duties and functional requirements from someone working in hospitality, healthcare, retail or an office-based role. Depending on the policy, the insurer may consider whether you can return to your previous occupation or work in another occupation suited to your education, training and experience.
This is why a serious diagnosis or permanent disability does not automatically result in a successful TPD claim. The medical evidence, employment information and policy wording need to be considered together.
TPD is also different from a personal injury claim for damages. You generally do not need to establish that another person caused your illness or injury. Instead, the insurer assesses whether your circumstances satisfy the requirements of your TPD insurance cover.
Learn more about TPD eligibility and how Total and Permanent Disability is assessed.
TPD cover is commonly attached to superannuation, and the fund you have today is not necessarily the only one that matters.
If you have changed employers, moved between super funds or consolidated accounts, an older policy may still be relevant if it provided cover when your illness or injury affected your capacity for work. More than one account can sometimes mean more than one TPD policy needs to be investigated.
Our Gold Coast lawyers can review available superannuation statements, insurance records and policy information to help identify which cover may be relevant before the claim progresses.
Every claim develops differently, but once the relevant insurance cover has been identified, the process generally moves through evidence gathering, lodgement and assessment by the insurer or super fund.
We first look at the superannuation and insurance information available to identify the insurer, policy and TPD definition that may have applied when your capacity for work was affected. Current and previous super accounts can both be relevant.
The evidence should address the particular policy test rather than simply confirm that you have been diagnosed with an illness or injury. This can include medical reports, treatment records, employment history and information about the duties you performed before you stopped or reduced work.
Once the appropriate insurer or super fund has been identified, the claim forms and supporting material can be prepared and submitted. Further questions or requests for medical and employment information may arise while the insurer assesses the claim.
The insurer may approve the claim, request more information or decide that the policy requirements have not been met. If a claim is approved, the TPD benefit is generally determined by the cover held under the policy. If the claim is delayed or rejected, the reasons should be reviewed before deciding what to do next.
There is no standard Gold Coast TPD payout or formula based simply on the severity of your illness or injury. A successful TPD claim generally results in a lump sum payment based on the amount of insurance cover provided under the relevant policy.
This means two people with similar medical conditions can have very different TPD benefits because they held different policies or levels of cover.
If you had insurance through more than one superannuation fund or insurer, there may also be multiple TPD claims to investigate. Each policy is considered separately and can contain its own definition, exclusions and benefit amount.
Where the insurance benefit is paid through superannuation, further rules can affect when and how the money is accessed.
Learn more about TPD payouts.
The same injury or illness can sometimes give rise to more than one legal or insurance claim.
A TPD claim is separate from a workers’ compensation claim, car accident claim or other personal injury claim. Success in one pathway does not automatically establish entitlement under another, but it can still be important to understand all of the options available to you.
If your condition arose from your employment or a workplace incident, a workers’ compensation claim may need to be considered separately from your TPD insurance claim. The workers’ compensation pathway is governed by Queensland’s workers’ compensation system, while TPD eligibility depends on the terms of your insurance policy.
If a road accident caused injuries that now affect your capacity for work, you may have both a motor vehicle accident claim and a potential TPD claim. The accident claim and insurance claim involve different eligibility requirements, evidence and processes, even where they arise from the same injuries.
TPD may not be the only insurance benefit attached to your super or another policy. Income protection insurance, trauma insurance, life insurance and other disability cover may also need to be considered. Income protection, for example, commonly provides periodic benefits rather than the lump sum payment associated with a successful TPD claim.
Our lawyers can help identify the different policies or claim pathways that may be relevant to your circumstances.
The Personal Injury Lawyers handle eligible TPD claims on a No Win No Fee basis.
You do not pay our professional legal fees unless your claim is successful. Before we begin work, we will explain the applicable fee basis, legal fees, outlays and other costs under your costs agreement so you understand how the arrangement works.
Learn more about how much lawyers charge for TPD claims.
Potentially. TPD insurance can apply to permanent disability resulting from an illness as well as an injury, provided your circumstances satisfy the definition and other requirements in the relevant insurance policy.
Your diagnosis alone does not determine whether a TPD insurance claim will succeed. Medical evidence, your work capacity and the wording of your policy will all need to be considered.
Potentially. If you held TPD cover through multiple superannuation funds or separate insurance policies, you may be able to make more than one TPD claim. Each policy is assessed independently, so the available cover and requirements under each policy need to be reviewed.
It can. Some TPD policies consider whether you can return to your previous occupation, while others look at whether you can work in another occupation suited to your education, training and experience.
Your actual duties can therefore matter. The evidence required for someone who previously performed heavy physical work may look different from the evidence required for someone in an office-based, customer-facing or professional role. The relevant policy definition needs to be checked before determining what employment and medical evidence is required.
If you have them available, it can be useful to bring recent and previous superannuation statements, insurance or policy documents, correspondence from your insurer or super fund and details of your employment and medical history.
You do not need to have every document before speaking with us. Our Gold Coast team can help identify what information may be required after reviewing your circumstances.
Different time limits can apply depending on your policy, when your disability occurred and whether you are lodging a claim, challenging an insurer’s decision or considering legal action. There is no single universal deadline for every TPD claim, so seeking advice early can help identify the time limits that may apply to your circumstances.
Yes. Our Gold Coast office is located at Level 6, 33 Elkhorn Avenue in Surfers Paradise.
You can contact our team to organise an obligation-free initial consultation. Phone and online consultations are also available if attending the office is not convenient.
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.
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Try our 30 second TPD claim check or contact us to get help
