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tpd and superannuation claims

If you've suffered injury, illness or medical condition and can no longer do the work you could, then in addition to any other claim for compensation you may be entitled to a Total and Permanent Disability (TPD) insurance benefit through your Superannuation.

For those who are very seriously injured, or who were not working at the time of disability, other definitions of TPD may also be used. For example, a definition based on not being able to perform personal care activities such as feeding, walking, dressing and showering.

Any TPD benefit payment due to you can be used to fund current and future medical costs, clear your debts and provide you with an income to help restore your quality of life as far as possible.

How do I know if I have TPD Insurance?

It's quite common that people aren't completely sure of their TPD coverage. To confirm you can either check your Super Statement(s) or provide those Statements to us and we can check for you. If you don't have a Super statement handy, we're happy to contact your Super fund, with your permission, to get one and work through it with you.

Can I make a claim?

Most likely, yes. Most Super policies have default cover within the policy. The value and validity of your TPD claim, will of course depend on your specific policy, as decided by the insurer or super fund in question. Whilst the policy criteria varies between super sunds from some common requirements for making a TPD claim include:

  • Your super fund - checking what level of cover is provided in your superannuation policy.
  • Your injury or level of disability - it's likely you will have to show you are suffering a minimum level of disability. This often considers your ability to return to your previous role, or to work at all.
  • Waiting periods - most policies will require a waiting period to allow injuries and symptoms to stabilise. This is a juggling act as there can be time limits for bringing a claim. Contact us and we can help guide you on the best course of action.
  • Your employment history - some policies require a minimum level of employment before you become eligible to claim a TPD payout. This is something our experts can check and advise you on.

What if I'm at fault?

Under your superannuation policy, it doesn't matter if you are at fault. All that matters is that you meet the relevant definitions. These policies are often difficult to read and understand. We have TPD and superannuation legal experts that can obtain your policy and provide you advice about your entitlements for free, subject to our no-win-no-fee guarantee.

What can I claim?

Most policies contain cover for:

  • Income protection: payment of your pre-accident income if you can't work because of your injury, illness or disability. There is often a 30, 60, or 90 day waiting period before you can claim, meaning that you must not have worked for 30, 60, 90 days since you sustained your injury or disability or became ill.
  • Total and Permanent Disablement: payment of a significant lump sum if you are unlikely to ever work again because of your injury, illness or disability.

To find out what you can claim, contact us to speak to one of our expert superannuation and TPD legal experts.

But I don't remember taking out a policy. Can I still claim?

Most likely, yes. If you were employed at the time of your accident or when you became ill, the fund that your employer paid your compulsory superannuation will have default cover for you under your policy.

These policies are often difficult to read and understand. We have TPD and superannuation legal experts that can obtain your policy and provide you advice about your entitlements for free, subject to our no-win-no-fee guarantee.

Are there time limits in bringing a claim?

There can be. Contact us immediately to see whether you are still within time for making a claim.

How long will my claim take?

Your claim can take anywhere up to 3 months and 3 years. This is because on some occasions we can have your insurer pay to you benefits a short time after we lodge your claim. On other occasions the insurer will refuse to pay you benefits and we will need to fight for you to force them to pay, which may include commencing court proceedings.

Do I need to pay a fee?

You don't pay us a cent unless you win your case and you are paid compensation.

Contact Accident Legal


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