What is TPD insurance?

Total and permanent disability (TPD) insurance is a type of life insurance which allows you to claim lump sum payment if you become totally and permanently disabled to work under the term of your policy. Regardless of where you were injured, our TPD lawyers who are conveniently located in Sydney, Parramatta, Liverpool, Penrith and Wollongong can help you to get the maximum possible payout.


What is Total and Permanent Disability?

You will be considered to have a Total and Permanent Disability (TPD) when you prove that you cannot work in your usual or any other occupation, depending on your policy, because of a physical disability, mental disability, or sickness. You may still have a claim depending on your insurance policy whether you are able to be re-trained into some other area to work in the future.



How can I make a TPD claim?

You should contact your superannuation fund and request your superannuation insurance policy to understand that whether you are eligible for a TPD claim. You must show that you are permanently unfit for your usual occupation, or any other occupation, depending on the policy, for which you are qualified based on your education, training and experience. You will need to provide evidence to support your claim such as but not limited to medical reports from doctors details of your work duties, payslips, tax returns or medical reports.


What evidence do I need to provide with my TPD claim?

As mentioned above you do need to provide medical evidence to support your TPD claim. You should also cross-check the policy and inform doctors and other medical practitioners about the definition of your policy. You should also inform your doctor if there are any other barriers that could be preventing you from being able to work. Also, you may need to include education, training and your work history to prove that you cannot perform any other jobs that you have worked previously that the superannuation company might consider suitable for you after the injury.


How much of a payout can I expect from a TPD claim?

The amounts you may be entitled to depend on the type of insurance cover you which lists the amount of coverage. This information is usually included in the fine print of your policy or statements. The TPD payout amounts typically range between $70,000 and $200,000 for minor and moderate injuries. Serious and severe injuries vary between $200,000 and $800,000, and extreme cases can go up to $2,000,000. It is important to contact a personal injury lawyer who has significant experience in this area as each policy can be quite difficult to understand especially in determining your eligibility in successfully recovering the TPD amount. Your superannuation policy may also include the ability to claim Income Protection, Accident and Trauma or Life Insurance benefits to receive these benefits as a lump sum.


What is the processing time of a TPD claim?

The decision of a Total and Permanent Disablement claim is usually made no more than 3 months after the lodgement of all relevant supporting documents. There are some circumstances where the decision might come earlier such as if you are suffering from a terminal illness. There are also some circumstances where the decision might come later if the superannuation insurer does not have all the relevant documents and is unable to make a decision. If you have lodged a TPD claim and the decision has been longer than 3 months, get in touch with us to investigate the reason behind it.


Frequently Asked Questions

How much do lawyers charge for TPD claims?

Different lawyers charge different amounts. However, you do not have to pay for out of pocket expenses with our team Withstand Lawyers as we have a clear, easy to understand, No Win No Fee Policy. Our No Win No Fee policy means that do you not pay our firm anything unless we are successful in obtaining you compensation. To be even clearer, even if we did the work, if you don’t get paid, we don’t get paid.  We also pay out of pocket disbursements to fund your claim. This includes paying for doctors reports and supporting medical evidence to support your TPD claim.

What can I do if my TPD claim is refused?

Insurance companies sometimes make incorrect decisions and you are entitled to ask them to review their decision. If your insurance claim is refused, it does not mean that they are correct or that there is no one else that can decide.If you think that the final decision on your claim was unfairly made, you can submit a formal complaint to your insurance or superannuation provider to apply for a review. You can also make a complaint to the industry tribunal or financial ombudsman service. We recommend  you contact our highly experienced TPD lawyers to understand your position and give you the best advice on moving forward.

Could a TPD claim be refused?

TPD claims can be refused for many reasons such as but not limited to if you;

  • don’t meet the disability outlines in your policy
  • have an inactive or invalid policy
  • haven’t provided convincing medical evidence to support your TPD claim
  • haven’t met work history requirements
  • fail to disclose pre-existing injuries.

Remember that these reasons depend on your insurer policy, circumstances and medical evidence They may not be entirely accurate for your claim. You may feel that you have provided all the evidence you could obtain, but it might still not be enough for your insurer to move forward with approving your claim. As your insurer makes the decision, this process can be frustrating. If you are in that situation, you can reach one of our TPD compensation lawyers in Sydney or Parramatta to help you navigate and understand in a simple and straight forward way.

Can I return to work after a TPD payout?

Depending on your insurance policy, you may return to work in some cases if you are a TPD recipient. Under certain circumstances, you may return to work by being employed in a different job from the pre-injury one, since TPD compensation is awarded for people unable to perform their usual occupations. Many policies allow TPD recipients to seek employment in a new field of career that is suitable for their post-injury capacity.
Insurance policies may also allow TPD claimants to be re-employed if they suffered from blindness or loss of two limbs (two legs, two arms, or one leg and one arm). Depending on your policy, you may go back to work without losing your TPD benefits, since blindness and loss of two limbs do not contradict with TPD eligibility criteria.Another possibility for returning to work while receiving TPD depends on whether you still cannot perform at least two of the essential daily life activities such as eating, bathing, going to the toilet and moving your body. TPD eligibility is achieved when your injury is assessed as total permanent impairment after reaching the maximum medical improvement. However, there may be new medical and technological advancements enabling an improvement in your health while on TPD compensation. In such situations, TPD recipients are not prevented from seeking new employment suitable to their capacity.

Am I automatically covered for TPD in Australian super?

If you sustained a serious illness or injury which left you unable to continue to work, you may claim TPD compensation from your superannuation fund, depending on your individual policy. TPD benefits will not be automatically granted, you will need to make an official claim to your insurer explaining your situation and presenting necessary evidence. You should be able to medically prove that your situation qualifies for receiving payout by firstly getting a medical certificate from an approved specialist. You should also provide details of your occupation, payrolls, and other relevant documents explaining why you will not be able to perform your job due to your injury. With all these documents, a claim form should be filled out and submitted to the insurer in order to commence a TPD claim.

Does TPD cover cancer?

Different types of cancer can substantially affect a person’s life especially when it is left untreated until advanced stages. If you believe you will not be able to work due to your cancer, you can consult our TPD claim lawyers and they can assess the eligibility of your case for making a claim. The scope of your superannuation policy and the medical reports of your illness will be crucial in determining your eligibility.



Why trust Withstand Lawyers?

TPD Insurance is usually claimed once which means it is probably your first time claiming TPD. The process is long, complex and tiresome even for those in good health. You may consider working with an experienced TPD insurance lawyer to ensure the success of your claim. The TPD compensation lawyers team at Withstand Lawyers, can assist you to get the best TPD payout possible no matter how or where you were injured, or whether or not it was your fault. Contact us for your TPD insurance claim to receive the clearest, best and most straight forward advice possible or visit one of our offices in Parramatta, Sydney, Perth or other locations in NSW & WA.


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