Total and Permanent Disability Claims (Superannuation Claims)
Total and Permanent Disability claims (also known as TPD or super claims) are an insurance benefit available under a superannuation fund. It does not matter who is/was negligent or at fault. You can make a TPD claim even if you are receiving benefits from organisations such as WorkCover or Centrelink.
TPD payments can also be made alongside a personal injury claim. You may be eligible to apply if you are unable to work because of illness or injury, and if you have an active life insurance policy or superannuation policy with TPD cover.
Various types of disability insurance benefits that you may be eligible for include:
- Total and Permanent Disability (TPD) - If you haven’t worked for at least six months and you are sick or injured (for example, spinal injury from a workplace accident, mental illness or brain injury), you may be entitled to a TPD insurance benefit. For example, spinal injury from a workplace accident, mental illness or brain injury.
- Trauma - Regardless of whether you are working or not working, you may be eligible to receive a lump sum if you suffer a specific ailment or have been diagnosed with a defined medical condition. For example, cancer, fibromyalgia, lupus, heart attack, asbestosis, stroke or chronic fatigue syndrome.
- Income Protection - If you are unable to work and have income protection insurance, you may be entitled to a benefit of up to 75% of your gross income, for a set period of time.
- Death - Family members, nominated by a deceased person’s life insurance policy, such as a spouse or child, may receive a lump sum, paid upon the person’s death.
The amount of compensation you may claim in any of the above areas depends on your circumstances and on the terms of your insurance/superannuation policy or trust deed. TPD claims are governed by complex case law that applies to the various TPD definitions contained in superannuation funds’ trust deeds and insurance policies, and also by legislation including:
- Superannuation Industry (Supervision) Act 1993,
- Superannuation Industry (Supervision) Regulation 1994,
- Retirement Savings Accounts Act 1997, and
- Superannuation (Resolution of Complaints) Act 1993.
TPD and super claims are subject to strict time limits. It is important that you seek legal assistance as soon as possible.
We can make your claim a painless as possible.
FOR AN OBLIGATION-FREE APPRAISAL, please email Q&S's expert Personal Injuries Team at firstname.lastname@example.org, call 1800 WIN WIN or submit an online enquiry below.