TPD Claims

We are TPD lawyers in Brisbane, Queensland. TPD stands for total and permanent disability. We help individuals claim TPD insurance often held in their superannuation fund(s), if they are unable to return to their normal job or other suitable work, due to injury or illness.

What is TPD?

A TPD benefit is a lump sum payment usually attached to your superannuation account. It is a type of insurance payable to you if you are injured or become sick and you are unable to return to work (in your usual occupation or other suitable work, dependent on the definitions in your specific policy).

It is separate from your ‘accumulated’ account (ie. the total of all contributions you or your employer have made over the years, and any income accrued).

A TPD claim is separate from, for example, a worker’s compensation claim, a motor vehicle accident claim or a public liability payout. A TPD payout is ordinarily in addition to these types of claims.

Notably, your injury or illness does not have to be related to your work. You do, however, have to have been working and subsequently stopped working due to injury or illness, and have TPD insurance in place at that time.

Who can claim a TPD benefit?

TPD insurance is payable following an injury or illness which prevents an individual from returning to work. Anyone with TPD insurance in place at the time they stopped working due to injury or illness can make a claim against that insurance.

Important Note

The TPD benefit is paid out for an injury or illness you had at the time you had your TPD insurance in place. Consider this scenario.

• • You were injured in 2018 and stopped working due to that injury;
  • You had TPD insurance in place at the time you stopped working;
  • You stop paying TPD cover premiums shortly after stopping work (to save money);
  • In 2020, you realise you will be unable to return to work;
  • You can lodge a TPD claim because you had insurance in place at the time you stopped work.

The insurance company may decline or reject your TPD claim on the basis that you do not have TPD cover at the time of making your claim. You should seek legal advice and assistance immediately, to appeal that decision.

Contact us for FREE advice:  1800 001 339

Can I claim TPD from multiple funds?

It is possible that you have more than one total and permanent disability (TPD) policy that you can claim against.

For example, if you have multiple superannuation funds, you may hold TPD insurance in all of them. It’s crucial that you seek legal advice if you have multiple funds, as the order in which you claim against each TPD benefit can be important, dependent on the contents of each specific policy.

Contact us to ensure you optimise all your potential claims: 1800 001 339

What injuries and illnesses can I claim TPD for?

Any injury or illness which prevents you from returning to work can be considered for a TPD claim.

This includes:

• any physical injury;
• mental health or other psychological illnesses like depression;
• chronic illnesses like:
• cancer;
• Parkinsons disease;
• multiple sclerosis; and
• chronic fatigue syndrome (CFS); and
• other illnesses.

​How do I make a TPD claim?

Typically, the process of making a TPD claim involves you completing a claim form (which you obtain from your super fund), obtaining the necessary medical reports that support the claim, as well as any other relevant documents. 

But it is most certainly not the case that all you need to do is fill out the forms and the benefit will be accepted/paid! 

An insurance company will very carefully scrutinise all claim documentation (especially the medical information/documentation) and if they consider there is a basis for not accepting the claim (ie, rejecting your TPD claim), they will exercise their discretion and not pay the benefit.

How can IM Lawyers help with your TPD claim?

It is critical that the process of completing and submitting a TPD claim (or income protection benefit) is done carefully, to ensure the insurer has all necessary and relevant documentation/information to allow them to exercise their discretion in your favour. 

At IM lawyers we are ready and able to assist you with your TPD claim. We can also help in cases where you need to seek a review (or appeal) a decision by the insurer/Trustees of your super fund to not pay you the benefit.