Who can make a TPD claim
You may be eligible to make a TPD claim for compensation if you've suffered an injury or illness that permanently prevents you from working in your normal job or any other work for which you are suited by education, training or experience.
The injury or illness doesn't have to be work related. There are many injuries that can be reasons for your TPD claim:
- heart attack
- injuries sustained at home
- sports injuries
- car accident injuries
Our TPD lawyers have also helped our clients successfully claim for psychological illness such as:
- mental illness
- chronic fatigue
You may be eligible to make a TPD insurance claim if:
- You have TPD insurance cover (either through your super fund or another channel). Most super funds automatically include TPD insurance.
- You can show you’re unable to do your normal job or any other work related to your education, training or experience.
Always be wary of tricky exclusion and eligibility clauses in the total and permanent disability insurance policy's small print that can be used to deny your claim. Our team of specialist superannuation lawyers will help you understand the policy fine print and work with you to ensure you get every dollar and benefit that you’re entitled to.
If you have been diagnosed with a terminal illness, you may be able to claim against the death benefit insurance policy. Find out more about death benefits.
Time limits for making a TPD claim
It’s best to submit a total and permanent disability claim as soon as you can, but you may be able to claim a long time after your injury or illness has occurred. However, when it comes to challenging the super fund's or insurer's decision regarding your TPD claim, there are strict time limits. It's therefore important to get legal advice from an experienced TPD lawyer as soon as possible, even before you submit your claim, so you know where you stand.
TPD compensation and benefits
TPD benefit amounts vary depending on the policy terms negotiated by your super fund or employer. Benefits are usually paid as a lump sum and can be worth tens or even hundreds of thousands of dollars. The total permanent disability insurance payout amounts can decrease or lapse as you age so it's important to check the level of cover at the time you stopped working (even if that cover has since ended).
Multiple TPD insurance claims
You can often have multiple TPD claims if you have multiple insurances in place when you stop working due to disability. However, some policies won’t pay if you've already received or been entitled to claim another TPD benefit. Our lawters are experts at overcoming these provisions but it's important to get advice before making any total and permanent disability insurance claims.
In addition to the TPD lump sum benefit through your superannuation, you may also be able to make additional claims through income protection, or other forms of insurance.
You may even have access to additional benefits through:
- your employer
- an enterprise agreement
- your employment contract
- your loans such as a mortgage, car loan or credit card
- your insurance purchased through a financial institution or advisor.
Read more about the different insurance benefits you could access when you are unable to work due to illness or injury.
TPD claim Processing time
Your super fund has to make a decision on your TPD claim within 6-12 months of receiving all the required claim documentation, depending on the complexity of your claim. Our TPD lawyers are experts at getting insurance claims paid early.
Steps we follow to make your TPD claim
Contact us as soon as you think you have a claim.
Our lawyers understand the details of a range of TPD policies and can help you find the information you need to get the benefits you deserve.
We request all the documentation you need from your super fund or insurer.
We'll collect the important medical and employment information, help you complete all the documentation and submit your TPD claim.
Your TPD insurance claim is assessed and your insurer makes a decision.
We’re here to help. Get in touch with your local office.
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Our Canberra office is now closed, but our team continues to serve ACT clients and are available for phone and video appointments. If you need legal advice, please call us on 1800 675 346.
We have lawyers who specialise in a range of legal claims who travel to Tasmania. If you need a lawyer in Hobart, Launceston or elsewhere in Tasmania, please call us on 1800 675 346.