Do I need a lawyer to make a Total and Permanent Disability (TPD) Claim?
Many people mistakenly believe that claiming Total and Permanent Disability (TPD) compensation is a straightforward process. In reality, preparing a TPD claim involves detailed documentation, substantial medical evidence, and dealing with insurers are highly experienced in defending claims.
Navigating a TPD claim can feel overwhelming due to the complexity of this area of law. That’s why seeking expert legal guidance is highly recommended.
What is TPD?
TPD refers to a condition—caused by illness or injury—that prevents a person from continuing work in their usual occupation. For example, a surgeon who develops carpal tunnel syndrome and can no longer perform surgeries may be eligible for a TPD claim.
TPD compensation usually comes in the form of a lump sum payment, but eligibility criteria can vary between insurers. For this reason, it’s important to review your insurance or superannuation policy to understand what is covered.
When Can You Make a TPD Claim?
Your ability to claim TPD compensation depends on the specific criteria set by your insurer or superannuation fund. While each policy differs, common eligibility requirements include:
- You’re unable to return to your previous employment;
- You’re unable to work in any other suitable occupation based on your education, training, or experience.
You’ll need to check whether your superannuation policy includes TPD insurance, and whether you meet any waiting period or minimum employment requirements.
If you are unsure about your eligibility, speaking with a lawyer can help clarify your position and guide you through the process.
Why Use a Lawyer for Your TPD Claim?
TPD claims often involve completing extensive and often complicated paperwork. Engaging a lawyer can help you:
- Avoid delays and errors by completing claim forms correctly.
- Ensure your medical providers include the necessary details about your condition and any relevant pre-existing medical history.
- Gather essential supporting documents, such as:
a. Employer statements confirming your inability to return to work.
b. Medical records from doctors and specialists.
c. WorkCover or CTP scheme claim files, if applicable.
d. Financial records (if self-employed).
e. ATO, Medicare, and Centrelink records (if relevant).
A lawyer’s support can make the difference between a denied and a successful claim, especially when dealing with insurers who are experienced in challenging claims.
Case Study – Kate’s story
Kate was a disability carer who sustained a serious shoulder injury at work. Over time, she developed chronic pain in both shoulders and, later, depression and anxiety that made it impossible for her to return to any of her previous roles – including child care, and community services.
Despite her challenges, Kate delayed pursuing a TPD claim for years, feeling overwhelmed and unsure where to start. With our support, she was finally able to submit her claim through her super fund.
We worked closely with Kate to collect the necessary medical evidence and complete the complex paperwork. The claim was ultimately approved and paid out, providing her with a lump sum of more than $60,000 – a combination of her superannuation account balance and her insurance benefit.
Kate’s story is a powerful reminder that it’s never too late to explore your TPD entitlements. With the right guidance, a successful claim is possible… even after years away from the workforce.
Get in touch
There is no doubt that TPD compensation claims can be legally complex and emotionally taxing. With eligibility and requirements varying from policy to policy, seeking advice from a lawyer who understands the process can help ensure your claim is lodged correctly and confidently.
Need help with a TPD claim?
At TGB Lawyers, we’re here to support you every step of the way. We understand the stress that comes with not being able to work and can guide you through the claims process to give your application the best possible chance of success.
Contact Christie on (08) 8212 1077
Or email ctsoubarakis@tgb.com.au
Visit our website to find out more and book your free, no-obligation consultation.
You don’t have to face it alone — we’re here to help.