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TPD Superannuation Claims

If you are unable to work due to injury or illness you may be entitled to make a total and permanent disability (TPD) claim through your superannuation fund. This insurance is separate to the balance of your superannuation and is paid under an insurance policy which is attached to your superannuation, often without you knowing it is there.

Unlike other types of personal injury claims, you do not need to prove that any other party was at fault for your injury or illness.

The amount payable for a TPD claim depends on your individual superannuation insurance policy. The criteria for when a TPD payout can be made also differs between policies. The most common criteria to be eligible for a TPD payout is if you are unable to return to the work for which are reasonably qualified having regard to your age, education and work experience.

Depending on your individual superannuation policy, you may still be eligible for a TPD claim even if you have returned to work after an injury or illness. For example, if you have retrained into a different line of work due to injury or if you have only been able to return to work part time.

Our experienced personal injury lawyers can assist you, without any obligation, to find out what cover you have under your superannuation fund/s. Once we have this information we can provide you with advice on your prospects of success under each policy and your likely payout. You can then decide whether to engage us to assist you in recovering your entitlements in full. If you do not have any TPD insurance available we will not charge you for our investigations.

Our experienced personal injury lawyers can also assist you in investigating and claiming any income protection benefits available for your time away from work due to injury or illness. Contact us for an obligation free initial appointment.

Frequently Asked Questions

Am I eligible to make a TPD claim?

If you cannot work due to illness or injury you may be entitled to claim a total and permanent disability (TPD) lump sum through your superannuation fund. Your TPD lump sum is payable under an insurance policy which is attached to your superannuation fund. Most people have some form of TPD insurance attached to their superannuation.

The amount payable for a TPD claim depends on your individual superannuation policy. The criteria for when a TPD payout can be made also differs between policies. The most common criteria to be eligible for a TPD payout is if you are unable to return to the work for which are reasonably qualified having regard to your age, education and work experience.

Before lodging a claim, most policies have a waiting period from the date that you sustain injury or suffer illness. This period allows for your injuries/ illness to be treated so the permanent impact of your injuries/illness can be determined.

How long will my TPD claim take?

There are no specific legal timeframes in which TPD Insurers must process your claim. However, TPD claims are usually resolved within a much shorter period than most other types of compensation claims. We will take steps to secure the best possible outcome for you in the shortest possible time.

What if I am able to return to work during the claim?

You can usually still claim a TPD lump sum as long as the work you are now doing is substantially different because of your injury or illness.
For example, a plumber with a back injury who retrained and works as an IT consultant worker may still qualify for TPD benefits if his back injury was the reason that he could no longer continue to work as a plumber.

How will my TPD claim affect my Centrelink benefits?

TPD lump sums are not compensation and therefore any TPD sum paid to you will not affect the Centrelink income test.
However, any TPD sum paid to you will count towards the Centrelink asset test.

You should contact Centrelink for their advice on any impact your TPD claim may have on your Centrelink entitlements.

Will my income protection claim affect my Centrelink benefits?

Yes. Income protection benefits will count towards the Centrelink income test. Therefore, the payment of income protection benefits will likely reduce your Centrelink entitlements, or could potentially result in you losing your Centrelink entitlements.

You should contact Centrelink for their advice on any impact your income protection claim may have on your Centrelink entitlements.

I have worked for lots of different employers with different super funds. How do I find out which funds I hold TPD insurance with?

We will undertake these investigations for you with no obligation for you to proceed with your claim.

We will find out each of the super funds that you hold TPD insurance with and your prospects of meeting the criteria for a TPD claim under each of the policies.

If you do not have any TPD cover we will not charge you anything for the work that we do in making these initial enquiries.

We can help you with your

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Your First Step With Us is Free

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Lawyers Sunshine Coast Locals Trust

1

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2

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3

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