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Total and Permanent Disability (TPD) Claims

What is Total and Permanent Disability?

Total and Permanent Disability, often known as TPD, is insurance commonly held in superannuation funds. TPD means that due to an injury, illness, or medical condition you are unlikely to return to work that is within your education, training and experience.

If you are considered TPD and are unlikely to return to work, your super fund will pay you a lump sum compensation.

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Are you unable to return to work?

TPD insurance compensation is payable if you are unable to return to work.

However, you do not need to be unfit for ALL types of work, only the work that is within your education, training and experience.

This means, you only need to show that you cannot return to work that you are suited for. This does not include occupations outside of your skills and work history.

When assessing TPD claims, consideration is given to all of the following:

  • Physical limitation
  • Psychological conditions
  • The realistic likelihood of returning to work
  • The prospect of you finding employment

If you would require retraining to return to work, you may still be eligible for TPD. It is not necessary to have a WorkCover, TAC or Centrelink claim in order to pursue TPD.

What injuries, illnesses and medical conditions does TPD cover?

TPD insurance covers a wide range of injuries, illnesses and medical conditions including:

  • Physical injuries which can include a sporting injury, injury in a public place, an injury at home
  • Cancer, heart attack or stroke
  • Diseases such as motor neurone disease, MS or autoimmune conditions
  • A psychological condition
  • A Workplace injury
  • A transport accident injury

You can make a claim regardless of how your injury, illness or medical condition came about.


If your TPD claim is rejected, Zaparas Lawyers can help you challenge the decision.

Time limits apply with rejected claims, so it is important that you see a specialised superannuation and insurance lawyer as soon as possible.

Our dedicated superannuation and insurance claims team at Zaparas specialises in challenging insurer decisions. We will ensure that you are supported and guided throughout the claims process from start to finish.


Free, no-obligation initial appointments

We get to know your story and understand your circumstances.

Home or hospital
appointments

If you can’t come to us, we can come to you.

Case
management

We advocate for your rights and manage discussions with the insurance companies.

Keep you
updated

Our team will regularly update you about the progress of your claim.

No Win,
No Fee

In the unlikely event that we don’t secure compensation for you, we will not charge you for any of our professional fees.

Why Zaparas Lawyers?

Many people are not aware of their ability to make a claim through super because it is not common to receive the policy documents.

Every claim is important to us. Our dedicated team of superannuation specialists will approach your claim with skill, knowledge, and care.

Your file will be conducted by a lawyer who specialises and has experience in the area of superannuation claims.

Our team can guide you through the process and help make a claim for a benefit at a time you need it most.

Contact us today for a free, no-obligation initial appointment.


We’ve seen how traumatic and life-changing an injury can be, so we understand how important it is that you don’t have to worry about the financial side of your claim.


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We are a family business – and we will treat you as one of our own.


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What is Total and Permanent Disability?

TPD is insurance commonly held in Superannuation funds. TPD means that due to an injury, illness or medical condition you are unlikely to return to work that is within your education, training and experience.

If you are considered TPD and are unlikely to return to work, your Superannuation fund will pay you lump sum compensation.

How do I know if I have TPD cover?

If you have been receiving contributions into your Superannuation account, you are likely to have default TPD cover. A good first step is to check your most recent Annual Statement and if you are still unsure, Zaparas Lawyers can look into this for you.

What injuries, illnesses and medical conditions are covered by TPD?

A TPD insurance policy will usually cover all injuries, illnesses and medical conditions, including but not limited to:

  • A workplace injury;
  • A motor vehicle accident;
  • Physical injuries;
  • A psychological condition;
  • Cancer, heart attack or stroke;
  • Occupational disease; and
  • Diseases such as motor neurone disease, multiple sclerosis or autoimmune conditions.
Can I make more than one TPD claim?

Yes.

You may make more than one TPD claim. If you have multiple Superannuation accounts, each may hold TPD cover.

How long does TPD claim take?

The length of each claim will vary, depending on its complexity.

A rough guideline is:

  • Investigation and preparation of your claim (1-3 months); and
  • Assessment process (6-12 months)
What if I received a Procedural Fairness of rejection letter for my TPD claim?

When an Insurer intends to reject your TPD claim, they will send you a Procedural Fairness letter.

The purpose of the letter is to:

  • Provide you with copies of all of the evidence relied upon in the assessment of your claim;
  • Having regard to the available evidence, clearly set out the potential barriers to your claim; and
  • Provide you with the opportunity to comment or provide further evidence to support your claim.

If you have received a Procedural Fairness letter, you should obtain legal advice as soon as possible.

Please refer to our blog post for further information.

Do I need lawyers to make a TPD claim?

Whilst many Superannuation funds say that their members can navigate their own TPD claims, we frequently see many unrepresented claimants being taken advantage of and intimated. With little regulation in what can be a complex claims process, it is important to know your rights.

Please refer to our blog post for further information.

If claims are rejected by the Insurer we are also in a position to appeal the decision and/or initiate court proceedings to have the decision reviewed. This is a rare occurrence and most claims are settled out of Court.

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