We are TPD Lawyers on the Sunshine Coast who help everyday people fight against big companies. Our team has been working on TPD claims for nearly 20 years.
What does TPD mean?
TPD is short for Total and Permanent Disability.
TPD benefits are generally one-time payments you get if you are unlikely to return to your usual job or any other job that suits your skills because of an injury or illness.
Most Australian workers have TPD insurance included in their superannuation.
What is a TPD claim?
If you have an injury or illness that stops you from working, and you have TPD coverage, you can lodge a claim.
If you're not sure whether you have TPD coverage, we can check it for you for free.
To get a TPD benefit from super or disability insurance, you don't usually need to be unable to work at all; you just need to be unable to work in a job that's suitable for you long-term, based on your education, training, or experience.
For example, if your background is in manual work and you have a bad back that stops you from working, you might still qualify for a TPD claim even if you could do administrative work without the skills or experience needed.
Some TPD policies also have a retraining clause.
To win a claim, you must prove you can't go back to work that you could be reasonably trained for. If your claim was rejected because of a retraining clause, you should get legal help right away. We have been successful in challenging denied claims due to such clauses.
Some TPD policies have easier definitions to meet (such as "own occupation") or harder ones to meet (such "activities of daily living").
It's important to look at the specific wording in your policy since each policy is different.
We understand that reading and understanding insurance policies isn't easy for everyone.
That's why we can do that for you. We're familiar with hundreds of insurance policies across all the super funds in Australia. We know the details of insurance clauses and the tricks you might come across with TPD claims.
What injuries and illnesses are covered in TPD claims?
Unlike worker's compensation claims, you don’t have to get injured at work to claim a TPD benefit.
You can claim TPD if your injury or illness has stopped you from working, regardless of what the injury or illness is.
You can make a TPD claim for:
- A physical injury;
- A mental health illness;
- A chronic illness like cancer, multiple sclerosis, Parkinson’s disease, and many others;
- Illnesses related to addiction, such as alcohol addiction.
Some disability insurance policies might not cover pre-existing conditions or mental health issues, but this is not common.
Most TPD insurance in super funds covers all your health problems, including pre-existing conditions.
What benefits do you get from a TPD claim?
A TPD benefit is usually a one-time lump sum payment.
The amount you receive is calculated based on the last date you worked. This is an important point.
Usually, the default amount of insurance coverage (the amount you get if your claim is successful) decreases each year as you age.
Can I claim on multiple TPD policies?
Yes, in most cases.
You can usually make multiple TPD claims for the same injury or illness across different super funds where you have insurance coverage.
However, there are some exceptions.
Some super funds don't allow a TPD payment if you have already received one. Sometimes, this restriction is placed when you become a member of the fund. For example, the fund may not allow you to have TPD insurance. For this reason, we recommend that you seek advice before making any claims.
Can I make a claim if I stopped working years ago?
Most super funds don't have a time limit for making a TPD claim, even years after you stopped working.
But there are exceptions.
Some insurance policies or fund rules require claims to be made before you stop working or shortly after your employment ends.
This is most common with government or employer-sponsored super funds, but can also apply to others.
For this reason, we strongly recommend getting in touch if:
- You are working and struggling with an injury or illness and are considering stopping work;
- You are working and struggling with an injury or illness and are thinking about reducing your working hours; or
- You stopped working many years ago because of an injury or illness.
Can I claim both TPD and worker's compensation?
It's important to know that your injury or illness doesn’t have to be work-related to qualify for a TPD claim.
However, many injuries or illnesses that stop you from working are work-related and may entitle you to worker's compensation.
In most cases, you can get TPD benefits in addition to worker's compensation benefits.
TPD insurance benefits are held in your super account.
If you lodge a claim and it is approved, the benefit will be paid into that account.
Contact us to discuss your circumstances and your possible TPD superannuation claim.