Total Permanent Disability

I offer a free first appointment in person, by phone, or by email to assess your claim.

If I assess that your claim is will likely result in a payout, and I agree to take it on for you, then you have no need to worry about fees. In those circumstances I will offer you my no win no fee service to run your claim with fees only payable upon your case being finalised for a lump sum. No fees will be payable along the way to finalisation of your claim and legal fees will only be payable from your TPD lumps sum payment.

Read more in our no win no fee explainer.

You will receive a full explanation of my no-win no fee service at your first appointment.

Almost all WA workers, even self-employed workers, have superannuation policies, and some may have more than one policy.

Your superannuation fund managers, apart from setting up and managing your superannuation retirement fund, may have also arranged insurance cover for its members including Death and TPD, income protection and/or for trauma. You may be entitled to that insurance cover.

You can find out if you have TPD cover by looking at you latest superannuation statement as this will contain information regarding the type of and level of insurance cover you have. If you are still unsure after looking at your statement, then you will need to make inquiries with your superannuation fund managers.

If you can’t find any statements or you have spoken with your fund managers and you are still unsure whether you have a TDP policy, then you should seek legal advice.

Whilst not every TPD policy is the same, most policies allow for a payout of a TPD benefit if your overall medical condition due to injury, illness, disease and/or any other underlying health condition is severe enough for the insurer to be satisfied that you will not ever again be able to work in your usual trade or occupation or any other occupation you are reasonably suited by reason of your education, training or experience.

If that is the case, then you will be entitled to a TPD payout irrespective of the cause if your medical condition. You do not have to show it is work related, accident related or caused by someone’s negligence.

You might be entitled to a TPD payment even if you are entitled to a compensation payment for the same injury or illness, for example if your injury was suffered in a work accident or a motor vehicle accident.

You should be able to ascertain the amount of TPD cover from your superannuation statements or by making inquiries with your superannuation fund manager.

If you qualify for a payout of your TPD benefits, then you will be entitled to a lump sum payment in an amount specified in the policy. In most policies the amount payable will be the benefit amount as at the date of the disability which will usually be the date you first became certified unfit for work as a result of the medical condition.

The TPD benefit, depending on the policy, may not be payable directly to you, but will be payable into your superannuation fund before it is paid to you. If that is the case, you should seek the assistance of a specialist financial adviser for advice as to how to best use the TPD payout and for advice on the tax that will be payable if you withdraw some or all of the TPD benefit from your superannuation fund.

Whilst generally time limits do not apply to making a TPD claim, some policies will impose time limits.

Even if no time limit applies, delaying your claim may affect your ability to prove your TPD entitlement. For example, as time goes by doctors may retire or pass away, witnesses may go missing, your memory of important issues may fade and medical records and/or other important documents may be lost or destroyed.

The sooner you act to find out if you have TPD insurance and the sooner you pursue your TPD claim the better your chances will be of obtaining your rightful payout.

If you do not act quickly, you could forever lose your rightful TPD payout.

In most cases the Super fund managers will obtain a group policy of insurance to provide TPD cover for its members. The policy is issued to the Super fund managers for the benefit of its members.

The TPD benefit will be payable by the insurer, and depending on the amount involved, a reinsurer may also have to pay part of it.

If you are entitled to payout of TPD then, depending on the policy, it may not be payable by the insurer directly to you, but will be payable into your superannuation fund before it is payable to you. If that is the case, you should seek the assistance of a specialist financial adviser for advice as to how to best use the TPD payout and for advice on the tax that will be payable if you withdraw some or all of the TPD benefit from your superannuation fund

No, no part of TPD compensation is paid before the claim is finalised.

In some cases, and depending on your circumstances, you can get early payment of part of your superannuation for financial hardship or for payment of an operation or other medical treatment.

If apart from TPD cover, you also have income protection cover, then you may also be able to claim income protection benefits. If you qualify for income protection, then after the end of any applicable waiting period, you will be paid the monthly income protection benefit amount on a calendar monthly basis.

Whilst each fund and/or insurer will have its own requirements and processes, generally making a claim will involve:

1. submitting a claim form completed by you;
2. submitting a form to be completed by your employer containing required details; and
3. submitting a medical certificate or report to be completed by your GP and/or specialist.
4. providing the fund manager and the insurer with your authority to access your medical records

You claim will then be reviewed by your superannuation fund manager and forwarded to the insurer or they might request further information before forwarding you claim to the insurer for assessment. 

The insurer might request further information before assessing your claim. The insurer might obtain medical records from GP clinics, hospitals and specialists you attended in the past. The insurer might request that you undergo medical examination with a medical practitioner of its choice.

Once the insurer assesses your claim it will advise your superannuation fund managers of that assessment and its recommendations. The fund managers will then make their own decision with respect to your TPD claim but they will usually accept the assessment and its recommendations of the insurer.

If you claim for TPD benefits has been wrongfully refused or it is taking to long for the insurer or superannuation fund managers to make decision, then you may have the right to take proceedings by way of a complaint to the Australian Financial Complaints Authority or commencing civil court proceedings to pursue your claim for TPD benefits.