If you have suffered an injury or an illness that reduced your capacity to work, you may be entitled to make a Total and Permanent Disability (TPD) claim. You can make a TPD claim through your super fund and receive a lump sum payment by the help of TPD lawyers.
Depending on your policy, you can be receiving a lump sum payment if you meet the TPD definition within your policy and prove through medical evidence that you are unable to work in your own occupation or in any other occupation that is suited to your education, training, and work experience. The definition of TPD differs from one superfund to another. It is important to first request your policy from your superfund. Your policy will outline your entitlements.
How do I make a TPD Claim?
To make a TPD claim, you should first be eligible. Request a copy of your policy and review it either with yourself or with professional help. Your policy will outline the necessary timeframes, documents and steps needed to make a TPD claim. Your super fund will direct you to a case manager. The assigned case manager will request you complete some forms. Depending on the policy, this includes a Medical Attendants Statement (MAS) and two certificates of release completed by two different doctors. If you have a lawyer acting on your behalf, they will usually do this for you by contacting the doctors and corresponding with them.
You will also need to provide tax returns, medical evidence, pay slips and documents relating to your education and training.
Can I Make a TPD Claim?
Your policy and ability will vary depending on the insurer and the superannuation fund. To receive a TPD payment you must meet the superfunds eligibility requirements. Some common requirements include:
- Your injuries prevent you to return to work in your own occupation or in any other occupation relating to your education, training, and work experience.
- Meeting the timeframe conditions specified in your policy about your injuries.
- Your injuries are above the minimum threshold degree specified on your policy
How much compensation can I get?
Generally, the amount will largely depend on your superfund policy and the conditions of your injuries. For minor and moderate injuries, you may be compensated from $20,000 to $350,000 while if you are suffering serious and severe injuries, the amount can reach up to $800,000. For most extreme cases, you can get awarded up to $2,000,000.
How long will it take for a decision to be made?
Once your superfund receives all the necessary documents including your MAS certificates, the decision is most likely to be made within 6 months. However, it might take longer on some occasions, such as:
- If your injuries are ongoing so that you might have a chance to return to work
- Your injuries arose several years ago therefore, the case should be investigated for a longer period.
Do I need a lawyer to make a TPD claim?
It is not compulsory to manage this process with a lawyer. However, it is a well-known fact that with legal representation, the process of obtaining the necessary documents will usually be more efficient. Your lawyer will also review your policy and ensure you are aware of your entitlements. The super fund or the insurers has an obligation to act in good faith to make a decision on your benefit. However, if you are not satisfied with the decision, your lawyer will can also apply for review and advise you on prospects of success in challenging that decision.
How much do Lawyers charge?
Depending on the firm you are working with, if you chose to retain a compensation lawyer acting on no win no fee basis, they will only get paid once the case is resolved in your favour and you receive money Some of the no win no fee lawyers will also cover disbursements in connection with your claim which includes paying for medical evidence in support of your claim.
