If you have been subject to an injury resulting in a complete disability, you may have the option to file one or more total and permanent disability (TPD) claims. TPD insurance is usually provided through a superannuation fund, but may also be available as private insurance. You can obtain TPD payouts that can help defray some of the expense of being unable to work, without having to access your super early.
The process of filing for a TPD claim can involve a few different steps depending on the type of policy issued, and you may need to file more than one claim. However, as with many other types of claims, it can help to have an experienced attorney on your side. But how much do lawyers charge for TPD claims, and how does the process work?
A successful total and permanent disability claim can provide enormous relief to you while you are coming to terms with your new state. A qualified disability attorney can help you throughout the process and ensure you get the payout(s) to which you are entitled.
Be aware that a TPD claim can take some time to process and you may be waiting some months to achieve a payout. However, you may also be able to move forward with other types of superannuation, disability, workers compensation, or personal injury claims, especially if your disability was caused by another party’s negligence or by an injury that happened at work.
Before you file a TPD claim, you’ll need to ascertain if the policy is still in force. While you may have more than one super you can file against, some policies from older employment may have expired. This means going through all of your employment records (as well as private insurance files) and finding all policies that you may potentially be able to file a claim against. One of our professionals can help you track down all of your supers and determine which ones have TPD insurance attached.
To file a TPD claim, you’ll typically need to have proof of your total and permanent disability, supported by as much medical evidence and doctors’ reports as possible. You can submit your claim through the super, and it will be reviewed. Once the claim is approved, the trustee of the fund will also review the claim before disbursing the funds.
There are several types of TPD policies. For one type, you’ll need to prove that you have a total and permanent disability that prevents you from working the job you had. Another might specify that your TPD must prevent you from working any job in the industry for which you were educated and trained. The most restrictive type only pays out if your disability prevents you from returning for another job in your industry or any other. Your attorney can help you track down each active policy and determine which type of coverage it offered.
To qualify for a TPD claim, you basically need to first prove you are considered totally and permanently disabled, then prove that you meet the requirements based on the policy types, as listed above. As long as you’re still a member of the super and your policy is in force, you are entitled to file a TPD claim and receive compensation.
Any sort of injury or health problem that causes the total and permanent disability can be included in a TPD insurance claim. This also includes mental health diagnoses, as they can cause a complete disability and inability to work. In fact, many TPD claims attribute the disability to mental health issues.
To lodge the claim, you’ll simply contact (or have your disability lawyer contact) the superannuation fund administrator or the insurer. Once they are informed that you need to make a compensation claim, they can tell you precisely what information and documents you will need to provide.
Are you wondering if you should consult a disability attorney? You may hesitate over hiring a law firm because of the perceived expense, but if you work with a firm that has a no-win, no-fee policy, you bear no risk; you’ll only pay legal fees once you receive compensation.
You may be wondering, if it’s so simple, then why does a TPD lawyer need to get involved? A law firm that has your back can help you navigate claims at a time when you may be reeling from your change in circumstance. They aren’t emotionally connected to your injury, and can concentrate on winning your compensation claim while you deal with your health and plans for the future.
The best time to talk to a lawyer about your potential TPD claims is from the very beginning. There is the possibility that you’ll need to file more than one claim, and that even other types of disability claims for compensation can be made. With a single legal team representing you, you can consolidate legal costs, and pay your team after they win your case.
The goal is to make sure the proper process is followed and all documentation is properly submitted, resulting in a successful disability claim (or more than one.) Once your claim is approved, you can receive your TPD benefit, which can vary based on a variety of factors.
In most cases, a TPD payout is a lump sum paid into your superannuation fund, but separate so you can withdraw it without penalty caused by not having reached the age required to access most super funds.
The good news is that you can file multiple TPD claims against multiple supers and insurance policies, and each one can approve or deny independently, without affecting the outcome of any other compensation claim..
The average TPD claim pays out a lump sum between $60,000 and $300,000 based on the size of the policy and the requirements that must be met for your compensation claim to be approved. You can use the funds as a sort of income protection while you figure out what comes next, withdraw a portion to pay off medical bills, or leave the entire sum in your super to access later.
Your legal fees will depend on what law firm you hire to represent you for your TPD claim, and what the costs are to win your case, including medical costs, legal fees, and court costs. If you work with Gerard Malouf & Partners, you have the support of a qualified TPD lawyer, and we don’t charge you until we win compensation for your permanent disability claim.
We’ll lay out a Costs Agreement before you sign us on to represent you for your TPD claim. Again, we work on a no-win, no-fee basis, so you don’t risk anything. Contact us for no-obligation legal advice about your claim.
Download your guide today for free and make sure that you are aware of the facts and information you need to maximise your damages claim.
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