What sort of compensation am I entitled to for a permanent disability?

PUBLISHED 27 May 2014

If you have sustained total permanent disability (TPD) that has affected your ability to work, you may be wondering what kind of compensation you are entitled to and which personal disability claims you can make.

When you lose your ability to work, the financial burden of healthcare, mortgage payments and other household expenses can place extraordinary pressure on you and your family.

Fortunately, lump sum compensation for permanent impairment is available through a number of channels, depending on how the impairment was received.

If the TPD was sustained through a workplace injury or illness, you should be entitled to claim funds through the Workers’ Compensation Act 1987. This is in addition to other benefits available under a workers’ compensation policy, including weekly payments, medical expenses and rehabilitation costs.

Other TPD claims can be made via certain insurance policies, including any income protection cover, a life insurance policy, sickness and accident cover and mortgage and loan protection insurance. You may also wish to access funds through your superannuation policy.

In order to make a TPD claim, you must first undergo a medical assessment to determine your level of impairment. If a qualified healthcare professional agrees you have received a permanent disability that may affect your ability to work, you may be eligible for compensation.

The minimum level of permanent impairment must be present before a compensation payment will be made. Under the 1987 Act, impairment must be greater than 10 per cent for physical disability and 15 per cent for primary psychiatric and psychological conditions.

If your superannuation fund or insurer decides you are still fit to return to work, they may reject your personal disability claim or offer you less compensation than you believe you are entitled to.

When this occurs, speak to the expert compensation lawyers at Gerard Malouf & Partners. Our team can help you claim compensation and challenge an insurer’s decision regarding your eligibility. For more information, get in touch with the team today.

Call us now on 1800 004 878 to book a free appointment with one of my compensation experts, or email your enquiry.