Living with a total and permanent disability after an injury or accident?

If you’ve suffered a total and permanent disability (TPD) due to an accident, illness or injury, you may be eligible to claim TPD benefits through your insurance policy or superannuation fund. A TPD payout can provide crucial financial support when you’re unable to work.

Entitlements can include:

  • TPD lump sum payment for permanent incapacity
  • Income protection benefits while recovering or adjusting to disability
  • Medical, hospital, and rehabilitation costs
  • Support for adapting your lifestyle or home

Our experienced Melbourne team of TPD lawyers provide clear guidance and assists with interactions with your insurance company or the Australian Financial Complaints Authority. Find out where you stand. Call Prime Injury Lawyers on 1300 718 203 to discuss your claim and access professional legal services for a fair outcome.

Free Claim Check Process 3 Simple Steps

1.
Submit the Claim Check Form

Fill out our easy and straightforward claim check form by providing your personal details. Briefly describe your legal needs and the situation you’re facing. This information will help us better understand your case.

2.
Receive a Phone Call or Email

Our legal team will carefully review the details you provided in the form. Expect prompt communication from us, either through a phone call or email, seeking any additional information required for a thorough assessment.

3.
Schedule a Formal Discussion

Upon confirming the viability of your case for a legal claim, we will coordinate with you to arrange a formal meeting. This meeting, scheduled at your convenience, will allow us to discuss your case in detail and outline the necessary steps for proceeding with the legal action.

Case Studies – Superannuation TPD

Successful claim for a Total and Permanent Disability (TPD) lump sum for chronic pain and declining mental health

Grace spent many years working in a physically demanding warehouse role involving repetitive lifting, packing and manual handling. Over time, she developed severe neck, back, shoulder and arm injuries that progressively worsened despite ongoing treatment. Eventually, the combination of chronic pain, permanent physical restrictions and declining mental health forced her to stop working altogether.

The impact of her injuries extended well beyond the workplace. She struggled with many everyday activities, including dressing, cooking, washing her hair and carrying household items, often relying on her husband and adult children for assistance. The medical evidence confirmed that she was permanently unable to return to manual work and, importantly, was also unlikely to ever return to any occupation for which she was reasonably suited by her education, training or experience. Her limited formal education, language barriers, lack of transferable skills and chronic pain meant retraining was not considered a realistic option.

Prime Injury Lawyers helped Grace successfully claim a Total and Permanent Disability (TPD) lump sum through her superannuation fund. The lump sum has provided Grace and her family with much-needed financial security and allowed her to focus on managing her health rather than worrying about her financial future.

Frequently Asked Questions

  • What is a TPD claim, and who is eligible?

    A Total and Permanent Disability (TPD) claim is made under a TPD policy, often linked to superannuation or private insurance, when a person becomes permanently disabled and unable to work in their usual occupation, or any other work related to their education, training or experience. Eligibility depends on the policy details, employment history and the severity of physical injury or mental health condition. A disability insurance policy’s small print can be used to deny your claim. Our team of specialist superannuation lawyers will help you understand the policy fine print and work with you to ensure you get every dollar and benefit that you’re entitled to.

  • What types of accidents or illnesses qualify for TPD benefits?

    You may be eligible to make a TPD claim for compensation if you’ve suffered an injury or illness that permanently prevents you from working in your normal job or any other work for which you are suited by education, training or experience. The injury or illness doesn’t have to be work-related. TPD benefits cover a range of conditions, including permanent physical injuries, mental illness and mental health issues, or progressive conditions like multiple sclerosis. There are many injuries that can be reasons for your TPD claim:

    • Heart attack
    • Cancer
    • Injuries sustained at home or in a construction accident on-site.
    • Spinal cord injuries
    • Sports injuries
    • Car accident injuries
    • Chronic illnesses
    • Mental illness, such as anxiety, depression, PTSD, bipolar disorder, schizophrenia and other psychotic disorders
    • Terminal illnesses may be able to be claimed against the death benefit insurance policy.

    Claimants must show they are unable to perform their regular work. Our personal injury lawyers can help gather medical records, assess waiting periods, and determine eligibility under multiple policies or superannuation accounts to secure a successful TPD claim.

  • What are the time limits for making a TPD claim?

    It’s best to submit a total and permanent disability claim as soon as you can, but you may be able to claim a long time after your injury or illness has occurred. However, when it comes to challenging the super fund’s or insurer’s decision regarding your TPD claim, there are strict time limits. It’s therefore essential to get legal advice from an experienced TPD lawyer as soon as possible, even before you submit your claim, so you know where you stand.

  • How is a TPD lump sum payment calculated?

    A TPD lump sum payment depends on the terms of your policy, the superannuation account balance, and insurance coverage limits. Factors include lost income, employment history, and whether multiple policies exist. Our fee lawyers can calculate potential payouts, advise on tax implications, and guide clients through no-win-no-fee TPD claims, ensuring upfront fees and financial risk are minimised for a successful outcome.

  • Can I claim TPD through my superannuation or private insurance?

    Yes, if you have a suitable policy in place and meet the requirements, you may be able to make multiple TPD insurance claims. However, some policies won’t pay if you’ve already received or been entitled to claim another TPD benefit. TPD claims can be lodged through superannuation accounts or standalone insurance policies. Claiming through super often affects your entitlements differently from privately held insurance. Our legal team assesses all relevant policies, employment history and medical records to maximise your chances of a successful TPD claim, reduce financial risk, and provide guidance on handling rejected TPD claims or multiple policy claims.

    You may even have access to additional benefits through:

    • Your employer
    • An enterprise agreement
    • Your employment contract
    • Your loans, such as a mortgage, car loan or credit card
    • Your insurance is purchased through a financial institution or advisor.
  • What evidence or medical reports do I need to support my claim?

    Supporting a TPD claim requires detailed medical records, employment history, and evidence of lost income. For mental health conditions or multiple sclerosis, specialist reports may be needed. Our legal team assists in collecting documentation, preparing your legal case, and submitting all necessary information to insurers. Proper evidence increases the likelihood of a successful TPD claim and reduces the chance of a rejected TPD claim.

  • How long does the TPD claims process usually take?

    The TPD claims process can take several months, depending on the policy type, waiting period and complexity of your medical or employment evidence. Your super fund has to make a decision on your TPD claim within 6-12 months of receiving all the required claim documentation, depending on the complexity of your claim.

    Our TPD lawyers are experts at getting insurance claims paid early. Mental illness or progressive conditions may extend timelines. Our experienced law firm supports clients throughout the entire process, managing communications with insurers, minimising legal fees, and guiding claimants toward a successful TPD claim while mitigating financial risk.

  • How much TPD compensation am I eligible for?

    TPD benefit amounts vary depending on the policy terms negotiated by your super fund or employer. Benefits are usually paid as a lump sum and can be worth tens or even hundreds of thousands of dollars. Total permanent disability insurance payout amounts can decrease or lapse as you age, so it’s important to check the level of cover at the time you stopped working (even if that cover has since ended).

  • Do I need a lawyer to lodge a TPD claim?

    While not legally required, engaging no-win-no-fee TPD lawyers reduces financial risk and ensures claims are professionally prepared. Our legal team specialises in assisting with the legal process related to TPD policy compensation claims for mental health conditions, physical injuries and illnesses. We handle documentation, medical records and insurer communications, increasing the likelihood of a successful TPD claim and protecting clients from rejected TPD claims or disputes.

  • What happens if my TPD claim is denied by the insurer?

    If a TPD claim is rejected, clients can seek legal advice to challenge the decision. Our lawyers review medical records, employment history and policy terms, then lodge appeals or negotiate settlements. Our Melbourne lawyers guide clients through financial risk management, assist with multiple policies, and provide ongoing support to pursue a successful TPD claim, protecting lost income and superannuation entitlements under Victorian law.

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