TPD Claims - Total and Permanent Disability Claims

Total and Permanent Disability (TPD) Insurance

 

What is a TPD Claim?

Many superannuation schemes incorporate a form of insurance coverage known as Total and Permanent Disability (TPD) insurance. If a fund member suffers a serious injury or other medical condition causing long-term physical impairment, they may be eligible for a lump sum payment to cover medical costs and loss of earnings. In some cases, fund members may also be eligible to collect your superannuation ahead of time as a consequence of their medical condition.

Many employees are completely unaware that TPD insurance exists and do not know that they may be covered by it. Because superannuation is compulsory in Australia, many people possess TPD insurance without realising it. To complicate matters, a few Australian insurance companies also offer TPD insurance coverage as a separate product and people may purchase it as part of a life insurance package. If you are uncertain whether you are covered by TPD insurance, check with your superannuation fund or insurance company.

In most cases, TPD insurance is independent of any other insurance cover that you might possess, including income protection and accident insurance. Furthermore, making a TPD compensation claim does not extinguish any other rights that you may have under workers compensation legislation, nor does it prevent you from pursuing a common law negligence claim in the event that your injury was the result of an accident.

What Does This Mean For Me?

If you are not able to work on account of a serious injury or other health issue, you should investigate whether it is possible to apply for a lump sum TPD insurance payment from your superannuation scheme. Note that the cause of the injury does not need to be work-related - you may be eligible to lodge a TPD compensation claim for any health condition that causes permanent incapacitation. You might be able to claim TPD compensation if you suffer from certain serious health conditions such as cancer or heart disease. You may also be eligible to make a TPD claim if you suffer from a mental health disorder or degenerative disease that causes long-term impairment.

Why Should I Discuss my TPD Claim with a Lawyer?

You should seek independent legal advice from an experienced personal injury lawyer before submitting a TPD claim in order to increase the chance of securing your full compensation entitlements. A solicitor with expertise in insurance and superannuation law can help you to prepare your claim properly and advise you what to do if it is rejected. Contact Legal Injury today for further information without any charge or obligation.

The process of submitting a TPD compensation claim can be complicated. Not every superannuation scheme is identical and the precise wording of the insurance policy can determine whether your compensation claim will be successful. Furthermore, the success of the claim may depends upon the quality of the paperwork that you submit to the trustees of the superannuation fund. Without the right supporting documentation, the trustees can reject your TPD compensation claim. At a minimum, you must provide adequate medical evidence to persuade the trustees that your medical condition is ongoing and that you will be unable to return to work for the forseeable future. In some cases, the trustees of the superannuation fund may also require you to fill out an exhaustive list of questions and filed it in conjunction with substantiating evidence. Due to the complexity of the application process, an experienced lawyer can help you put together an application that will be difficult for the trustees to decline.

Time Limits on TPD Claims

For the most part there are no time restrictions in relation to the submission of TPD claims. If you have received part or all of your superannuation early due to your medical condition, you are still able to lodge a TPD claim.

TPD Claims and Death Benefits

Superannuation funds often link TPD insurance to death benefits. If a fund member suffers a fatal accident, a lump sum may be paid to the dependents or estate of the deceased person as a result of the death benefits. In some scenarios, the executors of an deceased individual's estate can also file a TPD claim on behalf of that person in addition to the death benefits. The proceeds of the TPD claim are automatically distributed to the beneficiaries of the estate. You may also be able to lodge a TPD claim if you are suffering from a terminal illness. If you need discreet advice in this area, contact Legal Injury today to arrange a free consultation with an experienced lawyer.

TPD Claims Appeals

If the trustees of the superannuation fund reject a TPD claim that you have lodged, you have the right to appeal their determination. If the superannuation fund disputes the validity of your TPD claim, it may be possible to request a review of the decision by an independent tribunal. If this does not lead to a successful outcome, it may also be possible to initiate court action to secure your entitlements. In most situations, the tribunal will settle the appeal - only the most complex cases go all the way to court. It is essential to note that although there are no time restrictions for lodging a TPD claim, strict time limits apply to the appeals process for rejected TPD compensation claims.

If your TPD claim is in dispute, you should urgently seek advice from a lawyer who has expertise in the appeals process. A personal injury lawyer may be able to secure a favourable settlement in advance of any court date being booked. In many cases, superannuation funds and insurers settle out of court as soon as they know that the claimant has legal representation with expertise in the process. Furthermore, court statistics show that the majority of proceedings in relation to TPD claims that are resolved in favour of the claimant when they are appealed by a lawyer. Contact Legal Injury to discuss how to lodge an appeal for a disputed TPD claim.

How Can We Help with your TPD Claim?

We can help you to find the right lawyer to assist with your total and permanent disability claim. When making a TPD claim, it is vital to ensure that your submission to the trustees of the superannuation fund cannot be rejected. Superannuation funds employ lawyers and doctors to review supporting evidence in order to minimise the amount of compensation they pay out. If you don't have independent legal advice, your submission could be rejected on a technicality.

We can help you to find the right lawyer to assist with your total and permanent disability claim. When making a TPD claim, it is vital to ensure that your submission to the trustees of the superannuation fund cannot be rejected. Superannuation funds employ lawyers and doctors to review supporting evidence in order to minimise the amount of compensation they pay out. If you don't have independent legal advice, your submission could be rejected on a technicality.

We have access to an entire panel of legal specialists, including a number of practitioners with extensive experience in superannuation matters. Why deal with a single law firm when we can match your case up with the best lawyer from a number of different firms?

Contact Legal Injury today for FREE assistance and advice on your particular matter.