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TPD Claims – Total and Permanent Disability

Construction worker | Shine Lawyers

If you’ve suffered injury or illness and can no longer do the work you once could, you may be entitled to a Total and Permanent Disability (TPD) insurance benefit.

TPD Insurance - What is it?

A total and permanent disability claim entitles you to payment of a lump sum if you have suffered an injury or illness that prevents you from returning to work in the same capacity.

A benefit payment can fund current and future medical costs, clear any debts that may have accrued and provides you with a source of income to help restore your quality of life as far as possible.

Can I make a claim?

Your eligibility to make a TPD claim will depend on the requirements laid out in your specific policy, as decided by the insurer or super fund in question.

These criteria vary from insurer to insurer, but some common requirements for making a claim include the following:

  1. Level of disability - Before making a TPD claim, it is likely you will have to show you are suffering a minimum level of disability. This often considers your ability to return to your previous role, or to work at all.
  2. Your super fund - Your ability to lodge a TPD insurance claim will depend on whether cover is included in your superannuation policy. If unsure, get in touch with your super fund or a member of Shine's Superannuation and Disability Insurance team for more information.
  3. Waiting periods - Before lodging a claim, most policies will require a waiting period after the date you sustained injury. This allows for all injuries and symptoms to stabilise so the full extent of damage can be determined.
  4. Employment history - Some policies require you to satisfy a minimum level of employment before you are eligible to seek a total and permanent disability payout. This is generally in the form of total length of employment or number of weekly work-hours.

How do I make a claim?

To lodge a successful TPD claim, specific steps need to be taken. These will depend on the superfund or insurance company you are with, and whether or not your cover falls inside your super policy.

The process of submitting a claim and receiving your benefit can be lengthy, so it is recommended you seek appropriate legal advice to ensure you receive the full range of benefits you are entitled to.

TPD Lawyers

At Shine Lawyers, our team of carefully selected lawyers are expertly trained in running Superannuation and TPD claims. Led by National Special Counsel in Consumer Dispute Resolution Will Barsby, our legal team will guide you through the complex process of making a TPD claim, and help you regain control over your life when you need it most.

Our services are offered on a 'No Win, No Fee' basis, meaning you only pay legal fees if we are successful.

If you think you may be entitled to make a claim, or simply want more information, contact Shine Lawyers to arrange an obligation-free consultation today.

 

Shine Lawyers' Senior Associate Melissa O'Neill speaks to The Morning Show about our Superannuation and Total and Permanent Disability services.

 

Our offer to you

  • Obligation-free consultation to assess your case confidentially

  • Claim assessment process where we will explain all of the options available to you

  • We can come to you - if you can't make it into the office we're more than happy to come to you

  • No Win No Fee arrangement

Common questions about TPD Claims – Total and Permanent Disability

TPD stands for Total and Permanent Disability and the industry generally uses it to describe a lump sum payment that may be available to you following a severe injury or illness that affects your ability to return to work. This TPD benefit is available through your superannuation fund and accessing it can be difficult without utilising the services of an expert.

In addition to being able to claim a TPD benefit through your superannuation, it’s possible you may also be covered for a TPD lump sum through a private life insurance policy.

A TPD benefit can give you the financial support you need to get on with your life. Click to read more information about what TPD means and how you can claim.

Every superannuation fund is different, but most have at least some level of TPD cover.

The level of cover and your entitlements when it comes to accessing the benefit are different between policies. Your superannuation fund’s product disclosure statement (PDS) should have all the details available about your level of TPD cover – and accessing this can be done by contacting your super fund.

It’s important to note that it is within your best interests to seek legal advice as early in the process as possible, as accessing your insurance benefits can be particularly tricky and you won’t always find help forthcoming from your superannuation fund.

If you’re suffering from an illness or injury that’s preventing you from working, our expert team can contact your super fund on your behalf and help cut through the mumbo jumbo. Even if you don’t have superannuation, you may have some form of accident and sickness policy you’re not aware of.

We’ll find out more and then explain the details to you – no obligation, no cost and no stuffing you around.

Some superannuation funds have weekly or monthly payments if you can’t perform your normal work duties for temporary period of time. These are called total or temporary disability (TTD) benefits, salary continuance or income protection payments.

Typically, payments can be up to 75% of your wage plus super and may be able to be paid for up to 2 years. You may even have benefits payable to age 65. It’s not uncommon for payments to go through a qualifying period of 1 – 3 months; meaning it can take a while before your payments actually start.

These payments might stop if your employment is terminated, if you are paid out a TPD benefit, or if you receive a common law lump sum payment of compensation.

No two TPD compensation claims are the same, however the below image gives a good indication of how the claims process works and how to access compensation.

There will be claim forms, medical reports and other papers to lodge, but our team will work with you and handle everything.

When it comes to TPD claims, the process typically is concluded in a much shorter time frame than normal compensation claims. It is possible TPD claims get resolved in four or five months, it just depends on the facts of your specific situation.

To make a claim, you need to show that because of your incident or illness it’s unlikely you will ever return to your job or any other employment you have education, training or experience in.

Generally speaking, if you haven’t worked for 6 months because of an medical condition, and it’s unlikely you’ll ever return to the type of work you’ve previously done, you may have a good chance of success in making a TPD Claim.

Shine Lawyers can provide obligation and cost free assistance with your superannuation claim – just contact us today.

All TPD claims are different and how much you can claim will be assessed on your personal circumstances.

If your claim is successful, you will receive a lump sum payment, regardless of your wage or salary.

Once we’ve gathered all the evidence, we should be able to give you a better idea of what to expect.

TPD claims can be tricky without knowledge of the law and how to deal with insurers. Usually TPD claims are resolved within months of the claim being brought forward to our lawyers.

Where you are located isn’t necessarily a barrier when it comes to obtaining the services of a lawyer. We’re experts when it comes to TPD claims and we can help you get the compensation you deserve.

It doesn’t matter if you are located close or far away from a Shine Lawyers office – we will always provide the same, expert advice and manage your claim with the same level of quality and commitment.

Our TPD experts are in the following locations:


Victoria

New South Wales

Queensland

Western Australia

Shine Lawyers are expert TPD lawyers that can help you get the compensation you need following your injury or illness. Our experts can provide the right advice for your situation and provide a free super claims check.

Click on the link below for more information about how Shine Lawyers can help.

Why you should choose Shine Lawyers to handle your TPD claim

Hear from some of our clients

History of Shine Lawyers

The Shine Lawyers team

Shine Lawyers are one of the biggest TPD law firms in Australia and have the experience and nous to go up against the big super companies and get you the result you are looking for.

At Shine Lawyers you will have your own go-to team, who are always available to chat and who understand that explaining things in plain English to you is important.

We provide all of our superannuation claims and disability insurance claims services on a No Win No Fee Guarantee, which means you won’t have to pay our legal costs unless we win your claim at the end.

Hear from some of our clients below who have been through the claims process with us.


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