Total and Permanent Disability (TPD) Lawyers Sydney
In the event that you had to cease work as a result of an injury or illness, you may be entitled to make a Total and Permanent Disability (TPD) claim through your superannuation fund or under a life insurance policy. A TPD claim provides you with one lump sum payment if you become totally and permanently disabled to work under the terms of your policy.
Depending on your policy, you either must show that you cannot work in your usual occupation or in any other occupation because of an injury or illness. The injury or illness does not have to be work related. Generally, a TPD benefit can be paid out for any injury or illness that prohibits you from working.
How to Make a TPD Claim?
Your policy will usually outline the relevant timeframes, evidence and steps you have to take to make a claim. You should obtain a copy of your policy from your superannuation fund. The policy needs to be analysed and considered carefully to ensure all requirements are met with regard to submitting your claim.
Generally to make a TPD claim, you have to obtain, complete and submit initial claim forms with a signed authority to the insurer to obtain information and a certified ID. You also will need to provide evidence in support of your claim including medical evidence, tax returns, pay slips and evidence relating to your education and training.
Can I make a TPD Claim?
The requirements set out in your policy will largely determine whether you are eligible to make a TPD claim.
The policy will vary depending on your insurer or superfund, however some common requirements include:
- Show that you are suffering a minimum level of disability which often takes into account your ability to return to your current occupation or to any employment;
- Whether your policy provides you with TPD cover. You should contact our experienced team if you are unsure whether you are covered under your policy;
- Meet any waiting periods from the date of your injury or illness specified in your policy; and
- Meet any minimum level of employment specified in your policy usually relating to the length of your employment or number of weekly hours.
How much compensation can I get?
The amount of compensation you may be entitled to depends on the type of insurance cover and can usually be found in the fine print in your policy. Compensation for TPD can usually range anywhere between $20,000.00 to $350,000.00 for minor and moderate injuries. For more severe and serious injuries, compensation can range between $350,000.00 to $800,000.00. For extreme cases, you may be awarded up to $2,000,000.00. Other factors that may affect the amount of compensation you are entitled to include your age and when you ceased work.
In the event that you have more than one superfund, you may be eligible to make more than one claim. It is important to contact a lawyer to be able to obtain accurate advice with your individual situation and with consideration to your policy to determine your entitlements.
When can a TPD Claim Could be Rejected?
Generally, insurers or super funds reject TPD claims in instances where they believe:
- You have capacity to work;
- You do not meet the disability definition specified in your policy
- Your condition has not stabilised and further treatment is needed;
- You have not provided sufficient evidence in support of your claim;
- You have not satisfied the work history requirements under your policy;
- You policy is inactive or invalid; and
- You have failed to disclose prior injuries.
What Can I Do If My TPD Claim is Rejected?
Generally, your TPD claim is rejected because the insurer or superfund believes you have the capacity to work. In the event that your claim is rejected, you are entitled to ask for a review. You can also make a formal complaint to the tribunal or financial ombudsman service.
If you believe the decision made by the insurer was unfair, you should contact our personal injury lawyers to seek advice in relation to your rights and claim. Our experienced personal injury lawyers in Sydney can advise you on whether you have a good claim, assist you with lodging a dispute and initiate court proceedings if needed.
How Long Does it Take for a TPD Claim to Finalise?
How long a TPD claim takes largely depends on the insurer, your personal circumstances and the benefit amount. In most cases, claims take 3-6 months to finalise after lodging the TPD claim and submitting all relevant documents
Why Do I Need a TPD Lawyer?
Seeking legal advice regarding your TPD claim is in your best interest. The policy can be difficult to navigate and understand. Being represented will allow you to have ease of mind that your entitlements under your respective policy are being fully pursed and you can be reassured that the requirements specified in your policy are being met. This may involve steps like obtaining appropriate evidence in support of your claim. This will prevent delay in the processing and finalising of your claim and allow you to maximise the lump sum payment you are entitled to.
How Much Do Lawyers Charge for TPD Claims?
The cost of running your TPD claim will largely depend on your individual situation and the complexity of your claim. Different lawyers will charge you different amounts. At Withstand Lawyers, our personal injury lawyers offer a No Win, No Fee Policy. This means that you will not have to pay us in the absence of obtaining successful compensation – if we do the work and you don’t get paid, we don’t either. We will also cover out of pocket disbursements in connection with your claim which includes paying for medical evidence in support of your claim.
No Win No Fee TPD Lawyers Sydney
At Withstand Lawyers, we are confident and experienced in TPD claim and offer a No Win, No Fee Policy. Making a TPD claim can be stressful and complex. Our Sydney personal injury lawyers will work hard to ensure that your claim is processed without unnecessary delay and that any compensation you are entitled to is maximised whilst offering you the ease of mind that if your claim is unsuccessful, there will be no legal fees that you have to pay to us.
If you had to stop work due to an injury or illness, do not hesitate to contact our Personal Injury lawyers who are located Sydney wide and arrange a free initial consultation.