TPD Lawyers Perth: Maximizing Your Disability Claim

TPD means “total and permanent disability”. It is a definition or a test, contained in insurance policies that must be satisfied to receive a lump sum insurance benefit. TPD benefits can often be claimed through your superannuation fund. If you are a candidate for a TPD claim in Perth, it may be beneficial to consult with a TPD Lawyer Perth to help you navigate the claims process.

To be eligible for a TPD claim, you must meet certain criteria:

• cannot work because of injury or illness and that incapacity is permanent, and
• you are unlikely to return to any work within your education, training or experience, and
• otherwise meet the definition of “TPD” set out in the Product Disclosure Statement (PDS).

“Permanent” does not mean “forever”. The courts have defined that term to mean “for the foreseeable future”.

Generally, TPD claims are made to claim benefits in addition to workers compensation, or damages paid as a result of a motor vehicle accident, or any other claim. Our TPD Lawyer Perth can help you determine if you are eligible for a TPD claim and advise you on the best course of action.

Many people are not aware that their superannuation fund may include an insurance policy they can claim on.

Your disability does not have to be a direct result of something that happened at work.

You can make a TPD claim for a physical injury, mental health illnesses or chronic illness like cancer, multiple sclerosis, motor neurone disease, chronic heart disease, fibromyalgia and many other illnesses.

Before making a claim from any TPD insurer, it is important to remember that the terms and conditions of each TPD insurance policy vary and so does the definition of TPD. The definition is the legal test you are required to meet. At RZ Injury Lawyers, we can help you understand the definition and advise whether you are likely to meet the criteria for a successful claim.

The standard TPD definition is usually set out in the following way:

• you ceased work due to illness or injury;
• you do not return to work for a period of months (called a waiting period) after ceasing work; and
• at the conclusion of the waiting period, you are unlikely (or unable) to ever return to work in any occupation that you are reasonably suited to by education, training or experience.

For example, if your work background is in manual labour and you have a bad back, you might have a TPD claim even if you have the physical capacity for clerical work but you could not obtain such employment because of a lack of skills or experience to do that work.

Some definitions include activities of daily living. So, for example, to receive the TPD benefit, you must prove that you are unable to perform two activities of daily living.

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 retrained to do.

A TPD benefit is usually an insurance lump sum set out in the policy.

Some people can make multiple TPD claims depending on how many super funds they have and their associated TPD policies.

There may be tax payable on the TPD benefit if it is through superannuation.

Superannuation payouts can affect your Centrelink payments. However, you can defer or reduce a payout by transferring some of the lump sum into a superannuation rollover fund.

Also known as death and terminal illness claims. Life insurance claims are used are used in a situation of death of a person – such as your partner or parent who provided financial support. In such circumstances, you can claim Death Benefits from the deceased’s Superannuation or Insurance Policy.

Life insurance refers to a life policy a person takes out to pay a defined “insured sum” to someone, usually their spouse or children but sometimes their business partner, upon death.

Death benefits is a reference to the insurance benefits payable under the mandatory insurance associated with employee superannuation fund membership upon the fund member’s death. All Australian superfund policies include death benefits. Some government and military funds provide pensions to surviving partners or children.

At RZ Injury Lawyers Perth we have extensive experience in TPD Insurance claims. If you instruct us, we will:

• advise you whether you have a claim and provide meaningful advice on its prospects and value.
• represent you on a “no win, no fee” basis
• handle all negotiations with the insurer or its legal representatives
• get you the maximum compensation under your insurance policy
• challenge medical and other evidence provided by the insurer
• advise you on the right strategy to progress your claim, especially when the insurer is not offering you a fair settlement
• represent you in court proceedings