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Total and Permanent Disability – TPD Lawyers Australia

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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 can help you to get the maximum possible payout.

  • No Upfront Costs
  • No Win No Fee
  • 99% Success Rate
  • Maximum Lump Sum Payout

You may be entitled to:

  • Total and Permanent Disability (TPD)
  • Income protection benefits
  • Terminal illness benefits

What is Total and Permanent Disability (TPD) ?

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.

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How can I make a TPD claim?

You can reach our TPD Lawyers who are conveniently located in Sydney, Parramatta, Liverpool, Penrith and Wollongong, and we will assist you through the legal process. Or you may follow the steps below and still can reach us at any point during your TPD claim.

TPD claim steps

  1. You should contact your superannuation fund and request your superannuation insurance policy to understand that whether you are eligible for a TPD claim.
  2. 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.
  3. 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.

TPD payout amounts

australia tpd insurance payout

The TPD 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 total and permanent disability 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.

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Processing time of a TPD claims

tpd process

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.

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 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 at Withstand Lawyers as we have a clear, easy to understand our No Win No Fee policy. It 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.

TPD claim stories

TPD Claim Story 1 - Tim had a $300,000 TPD benefit plus income protection

Tim, 38, suffered a broken hip when he fell off a roof on a construction site in Sydney. He subsequently developed a serious psychological injury as a result. Tim asked one of his friends to find a workers compensation lawyer who works on a No Win No Fee basis, and he found Withstand Lawyers. In addition to providing clear legal advice in relation to Tim’s entitlements for workers compensation, The team at Withstand Lawyers also informed Tim that he could be eligible to make a TPD claim. Upon obtaining medical evidence as to Tim’s capacity to work, , it turned out to be that Tim is no longer able to work in a similar role due to his permanent hip and psychological injury.

Tim’s solicitor examined his insurance policy and advised him to pursue a TPD claim. Tim agreed and his solicitor communicated with his insurer on behalf of him, collated relevant details for the claim and ensured that Tim would receive the maximum TPD benefits that he is entitled to.

Withstand Lawyers successfully lodged and followed up the TPD claim. As a result, Tim received a $300,000 TPD benefit plus income protection for his injuries which Tim was not aware he could claim in addition to his workers compensation claim.

TPD Claim Story 2 - Michelle was awarded a 175,000 payment for her TPD claim

Michelle worked as a disability support workers for many years. One day she sustained a back injury and separate psychological injury due to experiencing bullying and harassment in the workplace. Although the insurer accepted liability, she contacted Withstand Lawyers just to ensure she was receiving her entitlements. Withstand Lawyers identified that the true reason she was no longer able to work was due to her psychological injury and not her back injury, based on the medical evidence. Unfortunately the workers compensation insurer did not allocate a separate claim to Michelle for her psychological injury. Michelle lodged a work injury claim form for her psychological injury and upon being assessed by the Comission’s doctors, her whole person impairment was 21% for her psychological injuries. In addition to receiving her maximum entitlements for her back injury she was also eligible now to make a work injury damages claim for her psychological injury. In addition, Withstand Lawyers lodged a TPD claim through her superfund and she received $175,000 payment for her TPD claim.

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Frequently Asked Questions

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.

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.
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.
Can I make more than one claim for TPD if I have multiple TPD policies with different super funds?

In the event that you are a member of more than one superannuation fund at the time that you have suffered your medical illness or injury, you are indeed able to claim a TPD benefit from each superannuation fund provided you were a member with that superfund at the time of your injury or illness. This is also on the premise that the insurance policies contained within both superannuation funds expressly state that they provide TPD benefits in their cover- so it is very important to check whether you would be covered or not in the event of a illness or injury. As this can be quite confusing, do not hesitate to contact Withstand Lawyers where we break it down for you in simple terms and ensure we can provide you with the best possible outcome.

Can I return to work after a TPD pay out?

Yes, however, it is important you understand the basis of you receiving a TPD payout is that you have through evidence been able to establish that you are unlikely to ever return to work. However, that does not mean that if you recover from your injury, whether physical or psychological through treatment or a period of time of good recovery that you are necessarily barred from returning to work because you received a TPD payout. The evidence relied upon was at the time of the assessment and/or at the time of the claim. Where this has not resolved your doubts, our highly experienced TPD lawyers at Withstand Lawyers are more than happy to guide you through what is often regarded as a difficult period in your life after an injury or illness whether its physical, psychological or in may circumstances, unfortunately, both.

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

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.

Calculate your compensation claim
tpd-granted-family

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 or other locations in NSW.

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Complete for eligibility advice

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Kristy W
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The Withstand lawyers team that helped me with my claim were amazing, talking me through each step and being understanding and thoughtful to my feelings. I would highly recommend them to anyone needing compensation lawyers. Thank you Withstand!!
Francis A

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The team really know their staff. To Nayven, Issa, Sam and Danielle a heartfelt thank you for all your hard work, courtesy, superb efforts and a big thumbs up from me.
Zilla W

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The Lawyers at Withstand are really really helpful I know I waited for quite a few years to get my results for the Motor Vehicle Accident and then I got a call just a month ago from Nayven Taouk. He told me that he's going to take up my case and yes we got the Best Outcome. Thank you!
Hazel A

Read More
Terrific experience and positive outcome. It was unfortunate we did not go to them first. I would recommend them for anyone who wants qualified, quick, efficient support. Thank you Tanja, Robert and the team.
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*Our No Win No Fee policy means that you will not be out of pocket for our costs or disbursements if you lose your claim – no win no fee. If we commence court proceedings and you are unsuccessful you still won’t be out of pocket for our costs and disbursements however you will be out of pocket for the other sides legal costs and disbursements. Prior to commencing proceedings we will provide you with an authority explaining the risks and costs which could arise if you lose in court, one being that if you lose in court you would be liable for the legal costs and disbursements of the other side.
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Kristy W

Read More
The Withstand lawyers team that helped me with my claim were amazing, talking me through each step and being understanding and thoughtful to my feelings. I would highly recommend them to anyone needing compensation lawyers. Thank you Withstand!!
Francis A

Read More
The team really know their staff. To Nayven, Issa, Sam and Danielle a heartfelt thank you for all your hard work, courtesy, superb efforts and a big thumbs up from me.
Zilla W

Read More
The Lawyers at Withstand are really really helpful I know I waited for quite a few years to get my results for the Motor Vehicle Accident and then I got a call just a month ago from Nayven Taouk. He told me that he's going to take up my case and yes we got the Best Outcome. Thank you!
Hazel A

Read More
Terrific experience and positive outcome. It was unfortunate we did not go to them first. I would recommend them for anyone who wants qualified, quick, efficient support. Thank you Tanja, Robert and the team.
Previous
Next

*Our No Win No Fee policy means that you will not be out of pocket for our costs or disbursements if you lose your claim – no win no fee. If we commence court proceedings and you are unsuccessful you still won’t be out of pocket for our costs and disbursements however you will be out of pocket for the other sides legal costs and disbursements. Prior to commencing proceedings we will provide you with an authority explaining the risks and costs which could arise if you lose in court, one being that if you lose in court you would be liable for the legal costs and disbursements of the other side.

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