Total & permanently
disability claims lawyers

Total and permanently disabled TPD insurance

1800 305 568

What is Total and Permanent Disability (TPD) Insurance? 

TPD insurance benefits are usually paid as a lump sum where the claimant suffers a that permanently prevents them from working in their normal job or any other work for which they are suited for by education, training or experience. Most Australian workers are covered for TPD insurance through their super fund. So, if you have suffered an illness or injury that prevents you from performing your normal work duties, you might be eligible to make a TPD claim.

You may also have TPD insurance cover through a life insurance policy provided by:

  • Your employer as part of an EBA or employment contract
  • A union
  • From your financial institution or bank
  • Your financial advisor

Where TPD claims get complicated is around the exclusion or eligibility clauses in the fine print of a TPD policy. Maurice Blackburn’s TPD lawyers have extensive experience helping our clients understand the fine print in their insurance policies. We will work tirelessly to ensure you get every dollar and benefit that you’re entitled to. So, get the process rolling and contact us about your TPD claim today. We're here to help.

Am I eligible for a TPD claim?  

Broadly, you’re eligible to make a TPD claim if:

  1. You have TPD cover through your super fund or other channel, which most workers do, or;
  2. You can show you’re unable to do your normal job or any other work for which they are suited for by education, training or experience

For example, if having a bad back stops you from working in your normal construction job, you may be entitled to make a TPD claim — even if your doctor says you’re fit for another kind of employment, such as office work.

Remember though, when it comes to TPD claims there are always terms and conditions, which can be confusing and tricky to navigate. Our experienced TPD lawyers can help you understand your entitlements and fight for the highest benefit possible.

How much will my TPD benefit be? 

TPD benefit amounts vary depending on the individual policy terms negotiated by your super fund or employer.  Benefits are usually paid as a lump sum worth tens or even hundreds of thousands of dollars. TPD insurance amounts often decrease or lapse as you age so its important to check the level of cover at the time you ceased work due to disability even if cover has since ended.  

How to claim total and permanent disability insurance

Contact Maurice Blackburn as soon as you think you have a claim. We will work with your superannuation fund/s to determine your eligibility and size of your claim.

Our expert TPD lawyers will then follow these four main steps to lodge your TPD claim:

  1. Request documentation from your super fund, including:
    • An initial claim form
    • Medical attendant statements
    • Certificates of release
    • An employer statement
    • Authorities that give your super fund or insurer permission to request further information from your doctors and other third parties like Medicare
  2. Submit your claim
    We help you complete all your documentation and then submit your claim.

  3. Your claim is assessed
    Your super fund and insurer will review your documentation. They may also request further evidence, such as specialist reports or tax records.

  4. Your insurer makes a decision on your claim
    Your insurer can:
    • Accept your claim
      If you engage our expert TPD lawyers from the beginning, you’ll have a much better chance of your claim being accepted. Your insurer will contact you with your claim payment options.
    • Decline your claim
      Your claim has not satisfied the conditions of your policy.
    • Declare procedural fairness
      Based on the information you provided, your insurer will most likely decline your claim but they have decided to give you 28 days to provide further information that may support your claim.

We understand a declined or delayed claim is often upsetting for claimants who are already under medical and financial stress, but don’t lose hope. Your local Maurice Blackburn team will do everything in our power to get you the result you need. We know the ins and outs of a range of TPD policies and can help you find the information you need to get the benefits you deserve.

Why Maurice Blackburn?

Maurice Blackburn's TPD lawyers are experts in Australia. We understand the importance of having someone in your corner when taking on a well-resourced insurer.

We know the impact that an unexpected illness or injury can have on your life. Our team can help you navigate the complicated claim process giving you a lot more certainty about the future.

We even offer 'no win, no fee'* arrangements for TPD cases. This means that you don’t pay if your claim isn’t successful.. We have superannuation and TPD claims lawyers across Melbourne, Sydney, Brisbane, Perth, Adelaide, Darwin and throughout regional Australia.

Contact us today to receive a free superannuation and insurance check and find out how we can help.

All you need to know about superannuation insurance

Most superannuation policies have insurance elements which are there to protect you if you can't work for any medical reason. We’ll explain who can make a claim and how the legal process works.

Frequently Asked Questions

What TPD benefits am I entitled to?

You may be entitled to a TPD lump sum benefit or other insurance benefits 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 insurance through:

    • your employer
    • an enterprise agreement
    • your employment contract
    • your insurance purchased through a financial institution or advisor

But, always be wary of tricky exclusion and eligibility clauses in your insurance policy's small print that can be used to deny your claim.

Does my TPD claim have to be work related?

No. A heart attack, cancer, mental illness, chronic fatigue, injuries sustained at home, on a sporting field, or in a car accident can all be reasons for your TPD claim.

What if my TPD claim is related to an old injury or sickness?

It usually doesn't matter if you had the injury or sickness before you joined the super fund. You can still usually claim.  However, some insurance policies contain fine print exclusion clauses which we can advise you about.

Can I have more than one TPD claim?

Yes, you can often have multiple TPD claims if you have multiple insurances in place when you cease work duties due to disability.  However, some policies won’t pay if the claimant has already received or been entitled to claim another TPD benefit. We are experts at overcoming these provisions but it's important to get advice before making any TPD claims.

When can I make a TPD claim?

It’s best to claim as soon as you can, but you may be able to claim a long time after your injury or sickness has occurred. It's important to get legal advice as soon as possible, even before you submit your claim, as there are important time limits for challenging super fund and insurer decisions.

What is a disability insurance claim?

TPD insurance benefits are usually paid as a lump sum where the claimant suffers a disability that permanently prevents them from working in their normal job or any other work for which they are suited for by education, training or experience.

Does my superannuation fund have TPD insurance?

Most super funds include TPD insurance. But, to be sure, get in touch with your super fund or your local Maurice Blackburn TPD experts and we can help you find out.

What are the requirements for making a super TPD claim?

You can make a TPD claim if:

    • Your specific super fund provides TPD insurance cover
    • You can show you’re unable to do your normal job or any other work for which they are suited for by education, training or experience.

How much is the TPD benefit?

TPD benefit amounts vary depending on the individual policy terms negotiated by your super fund or employer. Benefits are usually paid as a lump sum worth tens or even hundreds of thousands of dollars. TPD insurance amounts often decrease or lapse as you age so it's important to check the level of cover at the time you ceased work due to disability even if cover has since ended. 

How much do you charge for a TPD claim?

We offer 'no win, no fee'* arrangements for these types of cases, which means that you don’t have to pay if we don't win.

How long does a TPD claim take?

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.

No win, no fee*

Our insurance claim lawyers are experienced in winning fair compensation for our clients on a no win, no fee basis.

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