If you have been injured and are unable to work, you may be wondering if you are eligible for a Total and Permanent Disability claim. The process of filing a TPD claim can be confusing, and it is important to have an experienced lawyer on your side. At State Law Group, we have helped many clients receive the benefits they deserve after being injured. In this blog post, we will discuss the five most common types of TPD claims and how our law firm can help you get the money you need.
What is a Total and Permanent Disability (TPD) Claim and what are the benefits?
A TPD claim is a disability insurance claim made to an insurance company for benefits if you are injured and unable to work. If your claim is successful you can enjoy your TPD benefit which include a TPD lump sum payment as well as ongoing payments to help cover costs such as medical expenses and lost income.
TPD payouts vary depending on the insurance conditions of your super fund and the specifics of your TPD policy and case. In our experience we have seen clients receive lump sums ranging from anywhere between $30,000 to $200,000. However, your payout could be a lot higher if you have multiple policies upwards of $500,000 to $1 million.
Can I make a TPD insurance claim?
To be eligible to make a TPD claim, you must be totally and permanently disabled. This means that you must be unable to work due to your injury or illness and that your disability is expected to last for the rest of your life. There are two types of total permanent disability claims: occupational and non-occupational.
Occupational TPD claims - Are made if your injury was caused by your job or occurred at work.
Non-occupational TPD claims - Are made if your injury was not caused by your job and did not occur at work.
If you have been injured in a car accident, workplace accident, or slip and fall accident, you may be eligible for an occupational TPD claim. Whereas, if you have been diagnosed with a medical condition or mental health condition that has left you unable to work, you may be eligible for a non-occupational TPD claim.
If you have been diagnosed with any of these conditions and are unable to work, you may be able to claim on your insurance cover or superannuation funds for your personal injury.
1. Mental health conditions
If you have a mental health condition that prevents you from working, you may be eligible for benefits. This can include conditions such as depression, anxiety, and PTSD.
2. Physical injuries
If you have been injured in an accident or have a physical condition that prevents you from working, you may be eligible for benefits. This can include conditions such as back injuries, neck injuries, and brain injuries.
3. Chronic illnesses
If you have a chronic illness that prevents you from working, you may be eligible for benefits. This can include conditions such as cancer, heart disease, and diabetes.
4. Pregnancy
If you are pregnant and unable to work, you may be eligible for benefits.
5. Death
If you are the spouse or child of someone who has died as a result of their injuries, you may be eligible for benefits.
The 5 most common TPD claims
1. Cancer
Cancer is the leading cause of TPD claims, with over 33% of all claims being attributed to this disease. Cancer can cause a wide range of disabilities, including fatigue, pain, and difficulty moving or performing daily activities.
2. Heart disease
Heart disease is the second leading cause of TPD claims, accounting for approximately 15% of all claims. Heart disease can cause a wide range of disabilities, including chest pain, shortness of breath, and fatigue.
3. Mental illness
Mental illness is the third leading cause of TPD claims, accounting for approximately 10% of all claims. Mental illness can cause a wide range of disabilities, including anxiety, depression, and difficulty concentrating or performing daily activities.
4. Accidents
Accidents are the fourth leading cause of TPD claims, accounting for approximately 9% of all claims. Accidents can cause a wide range of disabilities, including paralysis, amputation, and brain injury.
5. Musculoskeletal disorders
Musculoskeletal disorders are the fifth leading cause of TPD claims, accounting for approximately 8% of all claims. Musculoskeletal disorders can cause a wide range of disabilities, including pain, stiffness, and difficulty moving or performing daily activities
What is the TPD Claims Process
The process of filing a Total and Permanent Disability (TPD) claim in Australia can vary depending on the insurer. However, there are some general steps that are typically followed.
The first step is to notify the insurer of the intention to make a claim. This can usually be done by phone or in writing. The insurer will then send out the necessary claim forms.
Once the forms have been completed and returned, the insurer will assess the claim. This usually involves obtaining medical reports from the claimant's treating doctors. The insurer may also contact the claimant's employer to obtain information about their work history and duties.
After assessing the claim, the insurer will make a decision. If the claim is accepted, the insurer will pay a lump sum benefit to the claimant. If the claim is rejected, the claimant can appeal the decision.
Making a TPD claim can be a long and stressful process. It is important to seek professional help if you are considering making a claim. A compensation lawyer or solicitor can assist with the claim process and ensure that your rights are protected.
Tips for making a successful TPD claim
There are a few key things that you need to do in order to make a successful TPD claim. Here are some general tips that can be useful for increasing your chances of success:
1. Gather evidence
It is important to have strong evidence to support your claim, so be sure to collect any relevant medical records, test results, statements from treating physicians, and other documentation that can help to establish your case.
2. Stay organised
Claimants who are organised and keep good records are more likely to be successful in their claims. This includes maintaining accurate records of all medical appointments, treatments, and medications, as well as any other information related to the disability.
3. Be honest
It is important to be honest and upfront with the insurer about your condition and any limitations that it imposes on your ability to work. If you are not honest, the insurer may deny your claim.
4. Follow instructions
Be sure to follow the requirements of the TPD claim process, such as meeting deadlines and providing requested information in a timely manner. Failing to do so can jeopardise the chances of success.
5. Seek professional help
Claimants who work with an experienced TPD lawyer or other professional are more likely to be successful than those who go it alone. A professional can help to ensure that all evidence is gathered and presented in the most favourable light, and can provide invaluable guidance throughout the claims process.
While there is no guarantee of success in any TPD claim, following these tips can improve the chances of a favourable outcome.
The importance of seeking legal advice as soon as possible
It is important to seek legal advice as soon as possible if you are considering making a TPD claim. A compensation lawyer or solicitor can assist with the claim process and ensure that your rights are protected.
There are strict time limits for making a TPD claim, so it is important to act quickly. If a claim is not lodged within the required timeframe, it is likely to be rejected.
A solicitor or lawyer can also help to gather evidence and prepare the claim. This can increase the chances of success and minimise the stress of the claims process.
If you are considering making a TPD claim, contact a compensation lawyer or solicitor today for expert advice and assistance.
What to do if your insurance company denies your claim
If your insurance company denies your TPD claim, you can appeal the decision. The appeals process will vary depending on the insurer, but usually involves submitting a written request for review.
It is important to seek legal advice before appealing a decision, as there are strict time limits and procedural requirements that must be followed. Experienced TPD lawyers can assist with the appeals process and improve your chances of a successful outcome.
What to do if you have been diagnosed with a terminal illness
If you have been diagnosed with a terminal illness, it is important to seek legal advice as soon as possible. There are strict time limits for making a TPD claim, so it is important to act quickly.
TPD lawyers can assist with the claim process and ensure that your rights are protected. They can also help to gather evidence and prepare the claim. This can increase the chances of success and minimise the stress of the claims process.
If you are considering making a TPD claim, contact a compensation lawyer or solicitor today for expert advice and assistance.
Can you Work After a TPD Payout?
You may be able to return to work after receiving a TPD payout, depending on the severity of your disability. If your disability is not severe enough to prevent you from working, the insurer may require you to undergo vocational rehabilitation. This is designed to help claimants return to work, either in their current occupation or in a new one.
Vocational rehabilitation may involve job retraining, education, or counselling. The aim is to help claimants regain the skills and confidence needed to return to work.
If you are unable to return to work, you may be able to receive an income protection insurance payout. This provides a replacement income if you are unable to work due to illness or injury.
If you have any questions about your TPD insurance claim, contact a compensation lawyer or solicitor for expert advice.
Does a TPD payout affect Centrelink?
A TPD payout may affect your Centrelink payments, depending on the amount you receive. If you are receiving a lump sum payment, this may be counted as assets by Centrelink. This could affect your eligibility for certain benefits, such as the Age Pension.
If you are receiving an ongoing income stream from your TPD policy, this will usually be counted as income by Centrelink. This could affect your eligibility for benefits such as the Disability Support Pension.
It is important to speak to a Centrelink representative before making a TPD claim, to ensure that you understand how it may affect your benefits.
You should also seek legal advice to ensure that you comply with Centrelink's rules and regulations. An experienced lawyer or solicitor can assist with this and ensure that your rights are protected.
If you have any questions about making TPD insurance claims, contact a compensation lawyer or solicitor today for expert advice and assistance.
How State Law Group helps you file a successful TPD claim
If you are considering making a TPD claim, contact State Law Group for expert legal advice and assistance. We can help to ensure that your claim is lodged within the required timeframe and that all evidence is gathered and presented in the most favourable light.
Our team of experienced TPD lawyers and solicitors can assist with every stage of the claims process, from filing the initial claim to appealing a decision. We understand the stress and anxiety that can come with making a TPD claim, and we will work tirelessly to get you the best possible outcome. We also have a "No Win, No Fee" policy for personal injury cases such as these.
Contact us today to find out how we can help get your total permanent disability claim approved.
