KSC Law helps people with TPD claims in New South Wales where illness or injury has affected their ability to work. The first step is to identify the TPD insurance that applied and the requirements of that cover.
TPD insurance may be held through superannuation or outside super under a separate policy. Different policies can use different definitions of total and permanent disability.
Not sure whether you hold cover, or whether you qualify? Speak with our expert team today.
Could you have a TPD claim?
Total and Permanent Disability cover is held inside most super funds. Answer a few quick questions to see if you may be able to claim. This is a guide only, not a determination.
This is a general guide only, not an assessment of your policy or eligibility. TPD outcomes depend on your individual super fund or insurance policy terms. This does not constitute legal, financial or medical advice. Book a free consultation for a personalised assessment.
Check the policy behind the claim
Living in New South Wales does not create a single TPD insurance definition. Depending on the policy, the assessment may concern your own occupation, work suited to your education, training or experience, or specified activities of daily living.
If you have changed employers or super funds, check your insurance history and the cover that applied at the relevant time. Do not assume your current statement shows the insurance that applied previously.
If you held more than one eligible policy, more than one claim may be possible. However, multiple super accounts do not automatically establish multiple payable benefits, and the terms of each policy need to be checked.
Evidence about work and health
Medical evidence needs to address the particular definition applying to your claim, rather than simply confirm a diagnosis. Your employment history can also help explain your duties, qualifications and capacity for relevant work.
If you stopped work, reduced your hours or attempted to return, keep records explaining what changed and why.
An employer’s medical retirement decision can provide relevant background, but the TPD claim still needs to satisfy the applicable insurance policy.
NSW workers compensation is governed by separate state legislation and guidelines administered by SIRA. It should therefore be considered separately from a TPD insurance claim, even where both involve the same illness or injury.
What happens if the claim succeeds
TPD insurance generally provides a lump sum when the applicable definition of total and permanent disability is satisfied. For cover held inside super, separate rules apply to accessing the benefit from your superannuation fund, and tax may affect the amount ultimately received.
Before making decisions about withdrawing the money, check the information provided by your fund and obtain appropriate financial or tax advice where required.
Start with the records you have
Bring your current and previous super statements, insurance documents and any existing claim correspondence to a free consultation. If you do not have everything, start with the records available.
KSC Law can help identify the applicable cover, explain the evidence needed and assess the next steps for TPD claims in NSW. We explain the proposed costs arrangement before work begins, so you can decide whether to proceed.
Related reading: TPD claims lawyers · Do I qualify for a TPD claim
TPD guides and next steps
KSC supports TPD clients across Sydney, Newcastle & the Hunter, Illawarra, Wagga Wagga. Consultations are available by phone and online.