This is a frequently asked question and understandably so. TPD stands for Total Permanent Disability so I understand why you may think you cannot return to work if you have already made a TPD claim. This guide will go through the general eligibility in more detail and explain why returning to work despite previously making a TPD claim are not inconsistent with each other.
The basis of making a TPD claim.
Whilst each superfund and policy are different especially based on your circumstances around whether you were working or not within a period of time before your date last worked, generally, the most common TPD definition is based on meeting the eligibility of being unlikely to return to work in any occupation that you are suited by education, training or experience and unlikely to return to work in any occupation, due to an injury or illness.
Returning to work after a TPD payout – TPD claim story.
We had a client who was a tradie who only had qualifications, training and experience as a general labourer or carpenter. He had a bad back injury that was not work related or because of a slip and fall, car accident or medical negligence. That meant that despite having an injured back that prevented him from returning to work and make an income, he had no compensation entitlements to compensate him for his injury and losses. We enquired and informed him he could have TPD insurance and could potentially be eligible for a TPD claim.
After he got over the initial usual shock of not knowing he even had the insurance, despite paying for it, we were able, through medical evidence and submissions, to satisfy the definition of being unable to work in any occupation that he was suited by within his training, education, and experience. He received a TPD payout of $120,000 as per his policy.
It didn’t matter if he could have potentially worked in a call centre for example, because the terms of his policy were about what he had either learned or worked in and not any occupation in the universe. Whilst to the best of my knowledge that client didn’t return to work, he was not prevented from working in any occupation despite him previously making a successful TPD claim. If he did return to work, he was not required to pay back the money he received from making a successful TPD claim. The fact is every person reacts to an injury or an illness, differently.
What does making a TPD claim mean?
Each superfund has different policies and eligibilities however, generally it means you established you were unable to return to work in any occupation that you were suited by within your education, training or experience due to an injury or an illness.
Withstand Lawyers TPD clients.
We have seen resilient clients who have gone through medical treatment, including cancer sufferers, who have bounced back and started working again, sometimes in fields that even had experience in despite previously being successful in a TPD claim.
Some are not so fortunate but importantly the policies generally do not prevent people from returning to work if they are able to return. The saying the devil is in the detail is relevant in TPD policies because there are significant clauses, terms, and definitions that if not understood could affect the success of your TPD claim and sometimes by understanding them can be the difference in being successful vs your claim being rejected.
Can I claim Income Protection as well as TPD Insurance?
Yes, depending on your policy and insurance coverage. Some people have income protection as well as TPD insurance which means you can claim income protection and have the benefit of being paid monthly despite making a TPD claim.
What If I don’t know which superfund, I am with to know I can make a TPD claim?
The easiest way you can find out is through the Australian Tax office who have a searching for lost super contact number you can contact. You can also check with your accountant or who prepares and lodges your tax returns.
Alternatively, you can contact us for assistance on how we can help you identify which superfunds you could be a member with at the relevant date. Its part of our free claim check.
What is a free TPD claim check? Explained by TPD lawyer.
Each firm has different claim check policies but as far as Withstand Lawyers is concerned, this is a good process because you are not sent our No Win No Fee Cost Agreement until we have received and gone through the eligibility criteria and contacted you to tell you how we think you are eligible. The process is, we send you authorities only, to sign electronically to enable us to make the relevant requests to the superfunds you may be a member with and then come back to you to tell you our opinion as to eligibility. If you are eligible, we then discuss our No Win No Fee cost agreement and discuss our reasonable fee which is only payable upon the successful completion of your TPD claim. Contact our TPD lawyer today.