A total and permanent disability claim entitles you to claim a lump sum payment of compensation if you have suffered an injury or illness that prevents you from returning to work in any capacity for which you could reasonably undertake by reason of your education, training or work experience.
Who can make a claim?
A TPD claim is made against a policy of insurance held by your superannuation fund. Most superannuation funds take out insurance on behalf of members that allows them to make a claim for total and permanent disability if they are unable to work as a consequence of an injury or illness.
You need to review your superannuation documents or contact your superannuation fund and see if there is a TPD benefit payable. Your last superannuation document should tell you whether you have TPD insurance and how much can be claimed.
What is Total and Permanent Disability?
Every policy of TPD insurance is different. You need to satisfy the definition of what is total and permanent disablement under the policy to make a claim. This can vary between policies but usually you need to demonstrate the following:
- That you have suffered a minimum level of injury and/or;
- You are unfit to return to any work by reason of your education, training or work experience.
- For example, if you are a construction worker and sustained an injury that prevents you from returning to work in the construction industry, say a back injury and you have no other relevant work experience or skills, then you would normally qualify for claiming a TPD benefit through your superannuation fund.
How do I make a claim?
To lodge a successful TPD claim, you need to do the following:
- Obtain from your super fund a copy of the policy of insurance with the definition of what is total permanent disablement.
- Obtain the relevant claim form documentation from your superannuation fund.
- Complete the claim forms provided which will include obtaining medical certification that you are unfit for work.
The TPD claims process can be complex. Usually, the insurer will look to decline a TPD claim by deciding that you do not satisfy the definition of TPD.
It is therefore important that you obtain legal advice from an Accredited Specialist in Personal Injury Law before you submit any TPD claim forms to ensure that the claim forms and documentation is completed correctly.
We offer assistance with TPD claims on a “No win – No fee” basis which means you only pay legal costs if you are successful.
If you think you may have a right to make a claim, please do not hesitate to contact us today.