When illness or injury has changed your ability to work, it is worth checking whether you have total and permanent disability insurance. A successful claim can provide a lump sum under the terms of your cover.
KSC Law’s TPD claims lawyers help you identify the relevant policy, understand its requirements and prepare the evidence. We work with veterans, first responders and other Australians whose health has affected their working life.
Contact our team today or call 07 2112 4752.
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TPD claim eligibility
TPD insurance can cover physical or psychological conditions, subject to the policy. A diagnosis alone does not establish eligibility. You must have held the relevant cover, and the evidence must address the applicable definition, eligibility requirements and exclusions.
Any occupation
An any occupation definition generally considers whether you are unlikely ever to work again in an occupation reasonably suited to your education, training or experience.
Own occupation
An own occupation definition focuses on your particular occupation. Being unable to return to your last job is therefore relevant, but it does not always satisfy the policy.
Physical or psychological conditions
The illness or injury does not necessarily have to happen at work. The policy wording determines what is covered and which exclusions apply.
Understanding TPD insurance through superannuation
Where your cover is held
You may have TPD insurance through a current or previous superannuation fund, or through a policy outside super. Having a super account does not necessarily mean you have active insurance.
More than one policy
If you have several policies, each needs to be checked. You may be able to make more than one claim, but multiple accounts do not automatically mean multiple payable benefits.
Accessing the money
Approval of the insurance claim does not, by itself, mean the money can immediately be withdrawn. Your fund must also be satisfied that you meet an applicable condition of release.
Tax and other benefits
Tax and the effect on other benefits depend on your circumstances. The amount available after withdrawal may differ from the insured benefit, so obtain appropriate financial and tax advice.
TPD claims frequently asked questions
Our TPD claims lawyers help identify your insurance cover, understand the applicable disability definition and organise supporting medical and employment evidence. Where we act for you, we prepare the claim and manage correspondence with the fund or insurer. TPD insurance may be held through superannuation or under a separate policy outside super. We start with the cover that actually applies to you.
TPD claim requirements depend on the applicable policy, cover dates and your circumstances. An any occupation definition generally considers whether you are unlikely ever to work again in an occupation reasonably suited to your education, training or experience. An own occupation definition focuses on your particular occupation. Other definitions may concern specified daily activities. Being unable to return to your previous job does not necessarily satisfy every policy requirement. We check the definition, eligibility conditions and exclusions before advising to claim.
A TPD claim for mental health may be available where the condition and its effects meet the applicable policy requirements. Psychological conditions such as PTSD, depression and anxiety can support claims, but diagnosis alone does not establish eligibility. Medical evidence should explain the relevant functional limitations, treatment and prognosis, with employment information addressing the work considered under the policy.
Potentially. For superannuation TPD claims, each current or previous policy needs to be investigated separately. Multiple accounts do not automatically mean multiple payable benefits. We check the cover dates, disability definition and other requirements of each policy, including provisions that may affect payment where another TPD benefit has been received or is payable. Bring details of previous funds as well as your current one.
TPD lawyer fees depend on the work required and the costs arrangement applying to your claim. KSC Law may offer fixed fees for particular stages, a no win no fee arrangement, or a combination of both. If you are looking for fixed-fee TPD lawyers, we explain the professional fees, work covered and foreseeable expenses before you decide whether to proceed. The applicable arrangement is confirmed in your written costs agreement before work begins.
Depending on your matter, we may offer no win, no fee TPD claims. Where a no win no fee arrangement applies, there are generally no professional legal fees to pay upfront. If your claim is unsuccessful, you do not pay our professional fees in accordance with the terms of your costs agreement. We explain the professional fees, work covered, foreseeable expenses and payment arrangements before you proceed.
Bring current and previous super statements, insurance information, claim correspondence and any medical or employment records already available. You do not need to obtain new medical reports before your first conversation with us. KSC Law assists clients online across Australia. You can speak with our TPD lawyers in Brisbane without travelling to our office, whether you are in Queensland or elsewhere in Australia.
Declined or delayed TPD claims
If a claim has been declined or delayed, we can review the reasons and explain the available next steps. Seek advice early so any applicable complaint or legal time limits can be checked.
We start by understanding your health, work history and insurance records. Where we act for you, we help prepare the claim and manage correspondence with the fund or insurer.