Many Australians who suffer a serious injury or illness assume that if they have a workers compensation claim, a car accident claim or some other legal case underway, that is the end of the story.

Often, it isn’t.

What many people do not realise is that they may also be entitled to a Total and Permanent Disability (TPD) insurance payout through their superannuation— sometimes worth hundreds of thousands of dollars — in addition to workers compensation, a motor vehicle accident claim or a claim for damages.

Even more surprising: many people do not realise they have TPD insurance at all.

If an injury, illness or medical condition has stopped you from working, or significantly affected your ability to work, it may be worth investigating whether you have a claim.

What Is a TPD Claim?

TPD stands for Total and Permanent Disability.

Many superannuation funds include insurance cover that may pay a lump sum benefit if a person is unable to return to work because of injury or illness.

The purpose of the payment is simple:

to provide financial support when someone’s ability to earn an income has been seriously affected.

Importantly, this insurance is often already included within your superannuation fund and paid for through premiums deducted from your account over many years.

Many people have been paying for this cover for years without ever realising it exists.

When Can I Claim TPD?

This is one of the most common questions people ask.

The answer depends on the wording of your particular insurance policy.

In broad terms, a person may potentially have a claim if an injury, illness or medical condition means they are unlikely to return to work.

However, not every policy is the same.

Some policies ask:

Can you return to your usual occupation?

Others ask:

Can you return to any occupation suited to your education, training or experience?

That distinction can make an enormous difference.

For example:

A carpenter with a serious shoulder injury may no longer be able to perform physical labour, even if they might theoretically be capable of office-based work.

Likewise, someone suffering from chronic pain, psychological injury or neurological illness may be unable to return to meaningful employment even if they are not completely incapacitated.

The wording of the policy matters.

That is one reason why obtaining proper advice early can be important.

Can I Claim TPD and Workers Compensation at the Same Time?

Often, yes.

This is one of the biggest misconceptions we encounter.

Many people wrongly assume:

“I already have workers compensation, so I can’t claim anything else.”

That is often incorrect.

Depending on the circumstances, a person may potentially be entitled to:

• workers compensation,
• damages arising from negligence,
• and a TPD payout through superannuation,

all at the same time.

For example:

Someone injured at work may receive weekly workers compensation payments while also pursuing a TPD claim through their superannuation.

Similarly, a person injured in a car accident may potentially have:

• a motor vehicle accident claim,
• loss of income claims,
• and a TPD entitlement.

Many people simply do not realise these claims can operate side by side.

Can I Claim TPD After a Car Accident or Illness?

Potentially, yes.

TPD claims are not limited to workplace injuries.

People may potentially qualify for a TPD payout because of:

• serious physical injuries,
• chronic pain conditions,
• degenerative medical conditions,
• cancer,
• stroke,
• neurological conditions,
• heart conditions,
• mental health conditions,
• PTSD,
• depression,
• anxiety,
• or other illnesses affecting work capacity.

In fact, many successful TPD claims arise from illnesses rather than traumatic injuries.

The key issue is usually not:

“What happened to you?”

but rather:

“How has it affected your ability to work?”

Can I Claim TPD for Mental Illness?

Potentially, yes.

Many people wrongly assume TPD claims only apply to physical injuries.

That is not correct.

Psychological conditions such as:

• PTSD,
• severe depression,
• anxiety disorders,
• trauma-related conditions,
• and other psychiatric illnesses

may potentially support a TPD claim where they significantly impair a person’s ability to return to work.

This can be particularly important for:

• emergency workers,
• healthcare workers,
• teachers,
• police,
• military personnel,
• and people exposed to trauma or sustained workplace stress.

Mental health claims can sometimes be more complex because insurers may closely examine treatment history, medical evidence and work capacity.

However, these claims are often successful where the evidence supports them.

Can I Claim TPD If I’m Still Working?

Sometimes, yes.

This often surprises people.

A person does not necessarily need to be completely unemployed to have a claim, but this depends on the wording of the particular policy and that’s why legal advice is important.

In some situations, a person may:

• have returned to limited duties,
• be working fewer hours,
• be earning significantly less,
• or have moved into different work because they can no longer perform their previous role.

Depending on the wording of the policy, a claim may still exist.

This is one of the reasons why a quick online checklist or chatbot cannot always provide a reliable answer.

Small details can make a very significant difference.

Can I Have More Than One TPD Claim?

Potentially, yes.

Many Australians have had multiple superannuation funds over the years.

That means:

you may potentially have more than one insurance policy — and more than one claim.

People frequently:

• change jobs,
• forget old superannuation accounts,
• consolidate some funds but not others,
• or simply lose track of previous accounts.

Sometimes, substantial entitlements exist in old superannuation funds that people had forgotten about entirely.

Investigating your superannuation history can therefore be very important.

How Much Is a TPD Payout?

This varies significantly.

Some payouts may be tens of thousands of dollars.

Others may be hundreds of thousands of dollars.

In some circumstances, benefits may exceed $500,000 or more, depending on:

• the policy,
• level of cover,
• occupation,
• age,
• and insurance settings.

The amount available is determined by the policy itself.

What Happens If My TPD Claim Is Rejected?

A rejection is not necessarily the end of the matter.

Claims are sometimes refused because:

• evidence was incomplete,
• forms were incorrectly completed,
• insurers obtained conflicting medical opinions,
• or the claim was not properly prepared.

Sometimes insurers simply reach conclusions that can be challenged.

A rejected claim may potentially be reviewed, disputed or litigated depending on the circumstances.

Obtaining legal advice early can often improve the prospects of a successful outcome.

Why Do So Many People Miss Out on TPD Claims?

Often because they simply do not know they exist.

People commonly assume:

“I’m already receiving workers compensation.”

or

“My injury happened years ago.”

or

“I’m still working a bit, so I probably don’t qualify.”

Sometimes they rely on a quick online eligibility tool that does not fully consider:

• the wording of the policy,
• medical evidence,
• employment history,
• previous occupations,
• or multiple superannuation funds.

The reality is:

many TPD claims are more nuanced than a simple online questionnaire can identify.

Should I Use an Online TPD Checker or Speak to a Real Person?

Many firms now offer online eligibility checks or automated tools.

While these can sometimes be helpful as a starting point, TPD claims are often more complicated than a simple yes/no answer.

Whether you have a claim may depend on:

• the wording of your policy,
• your work history,
• your medical condition,
• your education and training,
• and even how your superannuation was set up.

A short conversation with an experienced lawyer can often identify issues or opportunities that an automated checklist may miss.

At Websters Lawyers, you can speak with a real person who can explain the process, answer your questions and help investigate whether you may have a claim.

Do I Need a Lawyer for a TPD Claim?

TPD claims can involve:

• lengthy forms,
• medical evidence,
• insurer requests,
• conflicting medical opinions,
• and complex policy wording.

When you are already dealing with illness, injury or financial pressure, the process can quickly become overwhelming.

At Websters Lawyers, we assist people to investigate, prepare and pursue TPD claims — including claims connected to:

• workplace injuries,
• car accidents,
• chronic medical conditions,
• psychological injuries,
• and rejected insurance claims.

Importantly, we also look at whether there may be other entitlements available in addition to a TPD claim.

If injury or illness has affected your ability to work, and you are unsure whether you may have a TPD claim, contact Websters Lawyers for an obligation-free discussion.

You may be surprised to discover what you are entitled to.

Call 8231 1363 to speak with one of our lawyers.