What is a TPD Claim? - Total and Permanent Disability
By GCLaw14 Nov 2013
We've covered a number of areas of personal injury law on our web site but we haven't until now written about TPD Claims, or in other words claims for Total and Permanent Disability benefits.
A TPD insurance benefit or disability insurance benefit is commonly available under most superannuation funds. Most people are covered for a TPD benefit under their superannuation fund, yet research shows that less than half of people with superannuation are aware of what TPD coverage applies to them.
A TPD benefit is normally payable in addition to the contributions made by your employer or you into your superannuation fund.
Medical conditions covered under a TPD benefit can include physical or psychological injury, diseases or other medical disorders.
Who can claim TPD?
You may be eligible to make a claim for TPD, if:
• If you have ceased your employment and/or duties as a result of an illness and/or injury (please note that this does not mean your employment must be formally terminated)
• You are unlikely to return to your employment/duties as a result of this illness/injury
• You were under the age of 65 years when you ceased this employment
• You were a member of a Superannuation Fund at the time you ceased your employment and had TPD Insurance at the time you became unwell or were injured.
How do I know if I have TPD insurance?
• You will need to have a look at your current Superannuation Statement. If you are covered for TPD, it will normally be located near the Death Benefit including the amount you are insured for.
What are my rights?
• Any rights that you have are governed under your policy document. GC Law will need to review the Superannuation Fund Policy Document carefully before we are able to advise you in relation to your rights.
What can I expect in the claim process?
• The TPD Claim process can be quite lengthy and complex. An investigation with your superannuation fund will need to be undertaken to confirm your TPD cover and obtain the policy document.
• A detailed statement will need to be obtained from you in relation to your vocation, work experience/qualifications, injury and illnesses and work history.
• Further, all medical evidence by way of a medico-legal report from an independent specialist (this means you will need to attend at an appointment for examination); medical records from your treating practitioners and any other material.
• The Claim form together with submissions will then be prepared on your behalf for lodgement with the superannuation fund.
• The fund will then make a determination as to whether they accept or reject your claim.
The information provided above is a short run down on the process. It is difficult to determine the length of time for the process as we are dealing with third parties to obtain information.
Is there a time limit to make a claim?
• There may be time limits in lodging a claim against your Superannuation Fund for TPD benefits. Failing to comply with these time limits could mean the end of your claim.
• Most funds require you to be absent from work for a continual period of at least 6 months before you will qualify to make a claim for TPD.
• If your claim is rejected by the fund after lodgement, you will have six years from the date the claim is rejected to file proceedings in the court, if necessary.
It is best to obtain specialist legal advice when it comes to any claim for compensation. GC Law are specialist personal injury lawyers and we will assess your claim and advise you on how to proceed.
To start your claim, either contact us direct on 1300 302 318 or visit our Free Case Review page and we'll get back to you within 12 hours of receiving your request for help.
At GC Law we are no win no fee lawyers who are always upfront and honest about fees. This assures our clients peace of mind knowing that there are no hidden charges and all costs associated with your claim are disclosed prior to settlement.