We are superannuation & insurance TPD lawyers who act for everyday people against big corporations. Our team has worked in TPD claims for over 15 years. Our lawyers, supported by our advocates and highly-experienced paralegal staff, can assist you no matter where you are in Australia.
Get a free assessment to progress your TPD claim
Our promise to you:
- no upfront costs;
- you only pay us costs if you win;
- you will know exactly what the costs will be before you start; and
- you won’t get a nasty surprise at the end of your claim.
Unlike many law firms who work across many areas, we only do superannuation (TPD claims, income protection claims, death benefit claims), insurance and financial advice claims and disputes.
We don’t have the big expenses that big law firms have so we are able to run claims and disputes more efficiently and cheaply than other law firms.
If you have spoken to a big law firm about your claim, come and speak to us. We will beat their quote.
TPD meaning
TPD stands for Total and Permanent Disability. TPD benefits are usually lump sums paid to you if you are unlikely to ever go back to your normal job or any other suitable work because of your injuries or illnesses.
Most Australian workers have TPD insurance inside their super.
What is a TPD claim?
If you have an injury or illness which causes you to stop work, and you have TPD cover, you can lodge a claim. If you’re unsure if you have TPD cover or not, we will check that for you for free.
To claim superannuation or a disability insurance TPD benefit, you don’t usually have to be unfit for all/any work; only suitable work given your education, training or experience for the long term.
For example, if your work background is in manual labour or process work and you have a bad back, which causes you to stop work, you might have a TPD claim even if you could do clerical work without any skills or experience to do that work.
Some TPD policies include retraining clauses. For your claim to be successful, you would have to show you can’t go back to work that you could reasonably be retrained to.
If you’ve lodged a claim and it has been denied due to a retraining clause, you should seek legal advice immediately. We have had great success disputing rejected claims due to retraining clauses.
Some other TPD policies have easier definitions (own occupation) or harder definitions (activities of daily living). It’s important to check the policy wording. Every policy is a little different and we have successfully helped people claim against all of the major life insurance and superannuation companies (and most of the smaller ones too!).
We understand that reading and interpreting an insurance policy is not for everyone. That’s why we can do that for you. We’re familiar with hundreds of insurance policies across Australia. We understand the nuances associated with insurance policy clauses and the tricks and traps, which you can read about here, associated with TPD claims.
What injuries and illnesses are included in TPD claims?
Unlike worker's compensation claims, you do not have to be injured at work to be able to claim a TPD benefit. You can include all/any of your health problems for a TPD claim if that injury/illness has caused you to stop work.
You can make a TPD claim for:
- a physical injury;
- mental health illness;
- chronic illness like cancer, multiple sclerosis, Parkinsons Disease and many other illnesses; OR
- illnesses related to addiction to, for example, alcohol addiction.
Some disability insurance policies might exclude pre-existing conditions or mental health problems, but not often. Most TPD insurance inside super funds include ALL your health problems, including pre-existing conditions.
What benefits are paid for a TPD claim?
A TPD benefit is usually an insurance lump sum payment. The amount payable is calculated at the date you last worked. This is an important point to understand.
Usually, the default amount of insurance cover (the amount payable in the event of a successful claim) decreases annually as you age.
Consider this scenario when determining how much a TPD claim may pay
- You suffered a significant back injury in March 2022 at the age of 39;
- You stopped work due to your back injury in April 2022;
- At that point, your TPD insurance has a payout figure of $365,000;
- 18 months pass before a friend alerts you to the fact that you should claim a TPD benefit;
- You lodged your claim in October 2023;
- At that point, your TPD insurance has a payout figure of $340,000;
- If your claim is successful, you will be paid $365,00 – the insurance amount in place at the time you stopped working (NOT the insurance amount you had in place at the time of your claim).
If the benefit is through a superannuation fund, it will also usually include your superannuation account balance. If it’s paid to you directly via an insurance policy, the TPD benefit is likely to be tax-free.
You can read more about tax obligations in our blog, “Will I pay tax on my TPD, income protection or other injury insurance payout?”
Can I claim on multiple TPD policies?
In short, yes.
You can usually make multiple TPD claims for the same injury or illness across multiple super funds where you hold insurance benefits.
However, as with many things, there are some exceptions. Some insurance policies provided through superannuation do not allow a TPD payment to be made if you have already claimed and been paid a TPD benefit previously.
At other times, this restriction is made when you become a member of the super fund. For example, the fund may stipulate that you are not allowed to have insurance for TPD. For this reason, we recommend that you seek advice before making any claims.
Can I make a claim if I stopped work years ago?
In most super funds, there is no time limit for claiming a TPD benefit years after you cease work. Again, however, there are exceptions.
For example, some insurance policies or fund rules require that claims be made prior to ceasing work or employment being terminated and others require that the claim be made within a specified period after work ends. This is most common in Government or employer-sponsored superannuation funds but can be a requirement in other funds.
For this reason, we strongly recommend that you get in touch if:
- you’re working and struggling because of injury or illness and considering ceasing work;
- you’re working and struggling because of illness or injury and considering reducing work hours; or
- you ceased work many years ago due to illness or injury.
Can I claim both TPD and worker’s compensation?
Firstly, it’s important to understand that your injury or illness does NOT have to be work-related to be eligible for a TPD claim. That said, many injuries or illnesses that cause you to stop work can be work-related and entitle you to worker’s compensation.
In most cases, TPD benefits can be paid in addition to worker’s compensation benefits.
TPD insurance benefits are held in your super account. If you lodge a TPD claim and it is accepted, the insurance benefit will be paid into that account. In most states, you are free to access the TPD insurance benefits (and your own super) without that withdrawal impacting on your ongoing worker's compensation entitlements.
However, there are instances when withdrawing the money from super early may impact your worker’s compensation benefits, and you should always seek legal and financial advice.
Why choose Berrill & Watson for your TPD claim?
We have a client-centric approach to everything we do:
- We only act for people; we never act for insurance companies.
- We understand the legal, insurance and superannuation systems and how they fit together. We understand the system and how to get the most out of it for our clients. We also work with the community sector and Government to educate and advocate for changes to the system, where necessary.
- We help people to get great outcomes, but our work doesn’t stop there. When an insurance claim is over, we always continue to help people to make sure that they get the help that they need.
- We help people, even when it's hard and when others won’t. We communicate with our clients in whatever way needed to make sure that they understand and get what they are entitled to.
- We do more for our clients and charge less to do it.
We know our clients appreciate this approach because they regularly tell us about it. You can read what they say about us here.
Achieving great results and successful TPD claim payouts
We've helped hundreds of Australian workers win their TPD claims.
We have many success stories that have delivered life-changing results for our clients. We can't write about all of them but, from time to time, we select stories and cases that demonstrate some of the challenges faced when trying to access your TPD insurance.
Our range of videos about TPD and income protection claims can help
For some, this short video helps explain the basics of claiming TPD after stopping work due to injury or illness.
We also have a number of explainer videos across a range of disability insurance topics that you may find useful or interesting.
Get help from a superannuation TPD lawyer?
It’s important to talk with a TPD lawyer about maximising the success of your TPD Claim. Speaking to us is free for upfront advice, and can give you much needed confidence when lodging claim.
Contact us for FREE advice and help with your TPD claim. It costs you nothing to find out where you stand.
Phone
Melbourne: 03 9448 8048
Brisbane: 07 3013 4300
Anywhere else in Australia: 03 9448 8048
Get in touch
Melbourne (03) 9448 8048
Brisbane (07) 3013 4300
[email protected]
We will check for any super or insurance benefits you might have that could entitle you to a claim and we will give you advice for FREE. We will also act for you in any superannuation or insurance claims on a “no-win/no charge” basis.