Total and Permanent Disability insurance or TPD is a benefit that is often included in your superannuation fund or some life insurance policies. You may be eligible for a TPD insurance benefit if you become ill, injured or suffer a condition that means you can’t return to work.

You may be able to claim TPD compensation if you have a serious injury or illness and are unable to do your job or other work that you are qualified for and are unlikely to be able to return to work. This will depend on the training, qualifications and experience that you have. This means you may still be able to do some types of work, but they are not related to the work that you were doing and are qualified to do. You can make a claim as soon as you are unable to work.

Generally, you are also required to be under 65 years of age.

There are a wide range of illnesses, diseases and injuries that may be covered under TPD insurance. The key is that the injury or illness prevents you from doing the work that you’re qualified for. These may include:

• Cancer
• Stroke
• Asthma
• Mental illness
• Neck and back injury
• Carpal tunnel syndrome
• Amputation
• Crushed limbs
• Loss of sight
• Loss of hearing

The amount of TPD benefit that you’re covered for depends on your insurance or superannuation policy. If your claim is successful, your TPD benefit may be paid as a lump sum or as a regular payment. Once we’ve spoken to you about your claim and have reviewed your policy our TPD lawyers will be able to give you advice about how much you may eligible for.

TPD insurance in NSW may be in the form of a regular payment that represents a part (usually 75%) of your normal income for a period of time (often up to two years). These payments are sometimes called total or temporary disability benefits, salary continuance or income protection payments. Before you can start to receive these payments you may need to go through a waiting period of up to three months or more. These payments may also end if you no longer work for your employer.

You may also be eligible to receive a lump sum payment that can be used to cover things like:

• Medical and hospital expenses
• Personal or household expenses
• Occupational, rehabilitation and other health professional costs
• The cost of modifications to your home or car
• Home help and attendant carers

Depending on the type of injury you have and how serious it is, you may be able to claim a lump sum. However, this process generally may take quite a while. We can explain what the process is and help you understand what’s involved.

Your superannuation policy may include TPD Insurance. If you are a member of more than one superannuation fund, you may even have more than one TPD insurance. The amount of cover you are eligible for will depend on the superannuation fund. You can read their product disclosure statement (PDS) to find out what level of cover you have.

Even if you’re covered, you may not be able to access your TPD benefits easily. Our TPD insurance lawyers can give you advice about how to go about claiming your TPD benefits and put together your claim for you.

Many people have TPD insurance through their superannuation fund or through a life insurance policy. How you claim for TPD will depend on the terms of your insurance policy. Often there are strict time limits that apply to TPD claims, so it’s important to make your claim as soon as possible.

Before you can make a claim you will need to show that you may never be able to return to your job (or any employment that uses your training and experience) because of your injury, illness or condition. Generally, you will need to have been off work for at least six months before you can show this, but there are of course exceptions.

Every TPD claim is different. How you claim and what you can claim will depend on a range of factors including:

• Your TPD cover and how much you’re entitled to claim
• Your specific injury, illness or condition
• The work that you did before you became disabled
• The type of training, education and experience you have
• Your age
• What the Trust Deed for the relevant policy says

You will need to include a range of documents and information in your claim including:

• Any relevant medical reports
• Your tax records
• Any other information relevant to your claim

Once you have these documents you can then submit the relevant forms to your superannuation fund or insurer. Our experienced TPD lawyers can help you collect the relevant evidence and put your claim together. It’s important that you get your claim form right, otherwise your claim may fail.

It can take a long time for claims to be investigated and assessed, sometimes up to 12 months, especially if your injuries need to stabilise first. Talk to us to find out more about how long it will take for your claim to be processed, whether we can help you get your claim fast-tracked and what you can do in the meanwhile.

If your TPD claim is rejected we can ask them to formally review their decision. You can also take them to Court to appeal their decision. Our lawyers have experience in successfully challenging claim decisions and can give you advice on the best way for you to move forward.

Yes, if you have income protection insurance, were injured at work or have other insurance policies you may be able to claim this as well as your TPD insurance.We can give you advice about what the best course of action for you is. In some circumstances, payments that you receive under your TPD insurance may be offset against payments you receive from workers’ compensation insurance, Centrelink payments or a car accident injury claim.

You can potentially have multiple TPD claims at the same time. This may happen if you have multiple injuries or if you have more than one superannuation fund.

If you are able to go back to work your TPD payments will probably stop. Speak to us so that we can help you determine if your payments could continue.

You may need to declare your TPD payments to the Australian Taxation Office and pay tax on them as income. Your superannuation fund may calculate and pay the tax to the ATO directly. It’s best to speak to a tax advisor to get advice on how to deal with your TPD payments.