When most people think of TPD, they think of a permanent physical injury. But in recent years, the law has begun to recognise that mental health conditions can also severely impact a person’s ability to work. As a result, there’s been a surge of TPD claims specifically related to mental health.
What conditions are covered under TPD insurance?
TPD insurance may cover any condition that permanently affects your ability to work. This includes (but is not limited to):
- Depression: while all forms of depression can be debilitating, to make a TPD claim for depression you will generally need to be diagnosed with major depressive disorder.
- Anxiety: it’s normal to experience occasional anxiety at work, but severe or persistent anxiety can make work extremely difficult. To make a successful claim, you’ll need to be diagnosed with an anxiety disorder, rather than just general stress.
- Post-Traumatic Stress Disorder (PTSD): if something traumatic happens to you or you witness a traumatic event, you may develop PTSD. Symptoms which can affect your ability to work include panic attacks, insomnia and difficulty concentrating.
- Degenerative disorders: Parkinson’s disease, Alzheimer’s disease and dementia can all affect your physical and mental function. Symptoms which may affect your job include memory loss, resting tremors and an inability to complete your usual tasks.
Do I have a TPD claim?
Yes, if your mental health condition permanently prevents you from returning to work, you may have a TPD claim. To make a successful claim, you’ll also need to:
- Provide medical evidence that you’re suffering from a diagnosed mental condition.
- Prove that your mental condition fits within your policy’s definition of TPD.
- Meet all other terms of your policy, including minimum waiting periods and work history requirements.
When are mental health conditions not covered under TPD insurance?
While most TPD policies allow you to claim for mental health conditions, there are a few situations where your condition may not be covered. These include:
- Your condition is pre-existing: Some TPD policies have a clause that excludes people with pre-existing conditions from claiming a TPD benefit for that condition. Importantly, having a pre-existing condition does not automatically mean you can’t claim a TPD benefit — your policy must have a specific pre-existing conditions clause.
- You have an underwritten policy: An underwritten policy is one where the conditions you’re covered for are determined at the time your policy starts. This means any mental health conditions you were experiencing at the time may be excluded from your policy.
These are just two of the most common reasons your mental health condition may not be covered by TPD insurance. Since no two policies are the same, you’ll need to check the terms of your policy to know whether you’re eligible for a TPD payout.
If you’re unsure about your level of cover, speak to your super fund or insurer. Alternatively, our TPD team can examine your policy and provide free advice on your entitlements.
What other claims could I have?
In addition to your TPD claim, you may be entitled to a number of other claims. This includes:
- Workers compensation: If your mental health condition was caused or exacerbated by work, you may have a workers compensation claim. You could receive weekly payments to cover your lost wages, medical expenses and rehabilitation. Depending on the severity of your condition, you may also be eligible for a lump sum payment.
- Common law damages: If your mental health condition happened because your employer failed to take reasonable care for your wellbeing, you may be entitlement to common law damages. This involves suing your employer for negligence. A successful claim can result in a substantial, lump sum payment.
Making multiple claims can substantially increase the amount of compensation you receive. If you believe you’re eligible for more than one claim, we strongly advise speaking to a lawyer before starting the claims process.
What happens if my claim is rejected?
Unfortunately, super funds and insurance companies can often reject TPD claims — especially those related to mental health. The good news is, you still have options if your claim has been rejected. To find out more, read our guide to rejected TPD claims, or speak to one of our expert lawyers today.
How we can help
While mental health TPD claims are on the rise, they are still much harder to prove than those for physical conditions. Working with a specialist lawyer gives your claim the greatest chance of success.
Our dedicated TPD team have extensive experience handling mental health claims. In a free consultation, we will examine your policy and check that your claim fits within its definition of TPD. If you choose to work with us, your lawyer will compile compelling evidence supporting your case and ensure you meet all super fund or insurer requirements.
In addition, we offer a genuine No Win No Fee guarantee. This means we cover all upfront expenses, like evidence and medical reports, and you pay nothing until we win your case. If we’re unsuccessful, you will never get a bill from us.
Speak to our TPD team for free, comprehensive advice on where you stand and how to get the most from your claim.
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