Total and permanent disability (TPD) claims

Who can make a total and permanent disability (TPD) claim?

You may be eligible to lodge a TPD claim with your insurer or superannuation fund if you've suffered an injury or illness that permanently prevents you from working your normal job or any other related job you’re suited for. 

There are two conditions you need to meet to be eligible to lodge a TPD claim, which are:

1. At the time you stopped working due to your injury or illness, you had TPD insurance cover included as part of your superannuation or another channel. Most superannuation funds will automatically include TPD insurance. If you hold multiple superannuation policies with different funds, you may be able to lodge separate claims with each of them (see below for more details).
2. You can show you’re unable to do your normal job or any other work related to your education, training or experience.

Your injury or illness does not need to be work-related. Many different injuries or medical conditions could be the cause behind lodging your TPD claim, such as:

• heart attack
• cancer 
• injuries sustained at home
• sports injuries
• car accident injuries
• chronic illnesses 

If you’ve been diagnosed with a terminal illness, you may be able to claim the death benefit on your insurance policy. Our team specialises in these types of claims and you can find out more here.

We’ve also helped our clients with successful claims for psychological illnesses such as:

• anxiety
• depression
• Post-Traumatic Stress Disorder (PTSD) 
• bipolar disorder
• schizophrenia and other psychotic disorders

Always be wary of tricky exclusion and eligibility clauses your insurance policy's small print that could be used to deny your TPD claim. Our team of specialists will help you understand the fine print and work with you to ensure you get every benefit you’re entitled to.

What are the time limits for making a total and permanent disability claim?

You should generally submit a TPD claim as soon as you can, but you can also lodge a claim long after your injury or illness occurred depending on your policy.

After you lodge a claim and a decision is made by the insurer, there are strict time limits when it comes to challenging that decision. It’s important to get legal advice from an experienced TPD expert as soon as possible, ideally before you submit your claim, so you know where you stand.  

What kind of compensation or benefits can you get from a total and permanent disability claim?

The amount of TPD compensation or benefits you get from a claim will 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 payout amount 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).  

Making multiple claims

You can lodge multiple TPD claims if you have more than one eligible insurance policy.  However, some insurers won’t pay if you've already received or been entitled to claim another TPD benefit. Our lawyers are experts at overcoming these provisions but it's important to get advice before making any TPD insurance claim.

In addition to lodging a TPD claim, you may be eligible to make additional claims using other types of insurance, such as life insurance or worker’s compensation insurance.

There may also be additional benefits you’re not aware of 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.

Because there may be many different avenues for you to get compensation, our specialists will be able to identify your options and come up with the best possible strategy.

You can read here about the different types of insurance benefits you can access when you’re unable to work due to illness or injury.

How long does a total and permanent disability claim take?

The most important thing is to contact us as soon as you think you have a claim. 

Our specialists understand the ins and outs of TPD insurance policies and can help you map out a broader plan for obtaining TPD compensation, including identifying avenues for compensation you may not be aware of.