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Navigating the world of Total and Permanent Disablement (TPD) claims can be overwhelming, especially when you're dealing with the stress of a serious injury or illness that has taken you out of the workplace. Let's break down the basics to help you understand your rights, the process involved, and how we can help you.
Who Can Make a TPD Claim?
In Australia, a TPD claim can be made by anyone who has sustained an injury or illness that prevents them from returning to work in their usual occupation, or any occupation for which they are suited by education, training, or experience. This claim is made through your superannuation fund.
The injury or illness can be physical or psychological in nature. It is not a requirement that the injury or illness occurred at work.
What Can be Claimed in a TPD Claim?
A successful TPD claim can provide a lump sum payment to you, which is often substantial. You can also seek to release your superannuation early because of medical incapacity.
How do I know if I am covered by TPD insurance?
The easiest way to check if you have TPD insurance is by logging in to your superannuation member portal and checking whether you have TPD insurance coverage under your "insurance" tab. The value of the insurance will usually be present within the same tab.
If you cannot locate the insurance tab, you can check your most recent annual statement to identify whether insurance was available as at the last annual statement date. This will usually be in your "correspondence" tab or similar.
You can also check your transaction list to identify whether you have been paying any insurance premiums throughout the year. This is not conclusive as it may indicate that you are paying for other insurances (like Death Benefit or Income Protection) and not TPD insurance.
If you are still unsure, you can reach out to us for assistance and we will investigate whether you have insurance available.
When Should You Reach Out to a Lawyer?
It's crucial to seek legal advice as soon as you believe your condition might lead to your permanent departure from the workforce or a departure from the field of work you are normally engaged in. Early legal intervention ensures your case is handled correctly from the outset, increasing your chances of a successful claim. Lawyers can assist with gathering medical evidence, completing necessary documentation, and communicating with superannuation funds and insurers on your behalf.
Why Is It Important to Seek Legal Advice Early?
What is the claims process?
Each case is unique and each policy is different but your claim will likely go through the following stages:
How long will it take to complete?
Generally, a claim is completed within 6 months of lodgment to the insurer. If your claim is more complex, it can take longer and will depend on your individual circumstances. Your lawyer should be giving you regular updates and keeping you in the loop.
By understanding the above, you can better navigate the process and ensure you receive the support and compensation you deserve. Always remember, early legal advice can make a significant difference in the outcome of your claim.
Please reach us at info@mdlg.com.au for your FREE case assessment.
A Total and Permanent Disability (TPD) claim allows you to access a lump sum payment from your superannuation or insurance policy if you are unable to return to work due to a total and permanent disability. This payment is designed to provide financial support when you can no longer earn an income.
To make a TPD claim, you generally need to:
TPD claims can cover a wide range of medical conditions, including:
The key is that the condition must prevent you from working permanently.
A TPD claim is based on your inability to work due to a permanent disability and is paid through your superannuation or insurance. Workers compensation is a separate system that provides benefits for work-related injuries or illnesses and does not require permanent disability to apply.
The timeframe for a TPD claim can vary but generally takes between 3 to 12 months. Factors such as the complexity of your case, the responsiveness of your insurer, and the need for additional evidence can affect the timeline.
To lodge a TPD claim, you typically need:
If your TPD claim is denied, you have options:
Yes, you can make multiple TPD claims if you have multiple superannuation funds or insurance policies with TPD coverage. Each policy is assessed separately, so it's important to check the terms of each one.
It depends on your policy. Some policies only require you to prove that you cannot work in your usual occupation, while others may require you to prove that you cannot work in any occupation for which you are suited by education, training, or experience.
While you can lodge a TPD claim on your own, engaging a lawyer can simplify the process and improve your chances of success. Lawyers can:
This really depends on whether you have an applicable policy. We can give you that advice when we obtain that information from you or your super fund.
This depends on your policy. Some policies require short periods of absence from all forms of employment (3-6 months) where others don't have any waiting periods. This is something we can advise on when we have obtained a copy of the policy from your fund.
Time limits vary from policy to policy. It is best you act quickly to obtain your policy documents in the event that you are injured or have a disabling illness, whether you are off work or not.
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