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      Do I have a TPD claim?

      You could have a Total and Permanent Disability (TPD) claim if a physical injury or condition permanently affects your ability to work.

      Unlike weekly workers compensation payments, a TPD benefit is a one-time lump sum (often a significant amount) to help support you financially while you’re off work.

      The best part? TPD is usually included in your super policy, so you might already be insured without knowing it. If you’re unsure whether you’re covered or just want free, expert advice — get in touch. Our lawyers are always ready to discuss your situation and investigate your policy.

      You don’t have to be bedridden or in a wheelchair to make a TPD claim. Many policies just need proof that you can’t do your usual job or any job that fits your skills, education, and experience. For example, if you’ve always worked in construction, you could still qualify for a TPD claim even if doctors say you’re able to work in an office.

      You can make a TPD claim regardless of where your injury occurred. But if it happened at work, you could also be eligible for a workers compensation claim. As part of our comprehensive service, we’ll always investigate your additional claims, ensuring you receive the maximum compensation possible for your injury.

      You don’t need to prove anyone was at fault to make a successful TPD claim.

      Your free online claim check

      Find out whether you’re entitled to a TPD benefit today.

      Get started nowIt only takes 2 minutes.

      What injuries and conditions can I claim for?

      You can make a TPD claim for almost any physical injury or condition, as long as it means you’re unable to work. In our experience, this includes:

      • Head and neck injuries: herniated discs, head lacerations and fractured skulls are all common examples.
      • Brain injuries: traumatic brain injuries that affect cognitive functions and daily activities.
      • Back and spinal injuries: injuries to the back or spine that result in limited mobility or chronic pain. In severe cases, this can lead to paraplegia and quadriplegia.
      • Amputations: loss of a limb or other significant body part.
      • Severe burns: major burns that may lead to lasting disabilities or disfigurement.
      • Chronic pain conditions: such as fibromyalgia or complex regional pain syndrome.
      • Cardiovascular issues: severe heart conditions like coronary artery disease, arrhythmia and congestive heart failure.
      • Musculoskeletal disorders: conditions affecting muscles, tendons, or joints that cause chronic pain and limit movement.
      • Loss of sight, hearing or speech: losing any of these senses, whether completely or partially, can significantly impact your ability to perform your job.

      Pieta secures $1.2mil benefit after her first claim is denied

      When Pieta was diagnosed with breast cancer, she attempted to claim a TPD benefit through her superannuation. After her insurer rejected her claim, she came to us for help.

      We quickly filed a dispute notice to challenge their decision, addressing every point raised by the insurer to ensure they couldn't deny our appeal. Plus, we tapped into our national network of experts to gather additional medical evidence to strengthen her case. In the end, we successfully overturned their rejection, and Pieta was awarded $1.2 million in benefits.

      How to make a successful TPD claim

      Follow these three steps to make a successful TPD claim:

      Make sure to see your GP or another medical professional to get your physical injury or condition properly diagnosed. This step is crucial for getting the treatment you need and also provides important evidence for your claim.

      Every policy has its own definition of TPD, so it’s important to check that both your injury and its impact on your life match your policy’s criteria. Some policies may require you to be completely unfit for work, while others might only need evidence that you can’t do your regular job or any job that matches your education, training, and experience. For more details, check out our guide on the different types of TPD policies.

      Make sure you check off all the other policy requirements, like any work history conditions or waiting periods, before you submit your claim.

      Importantly, you don’t have to tackle these criteria alone. Proving TPD claims can be incredibly challenging, so we highly recommend teaming up with a skilled lawyer. We’ll leverage our nationwide network of medical and employment experts to gather strong evidence about your injury, how it affects your life, and how it aligns with your policy’s TPD definition.

      How long will my claim take?

      Most TPD claims take around six months to complete. But if your case is more complicated, it could take up to 12 months. The exact timeline depends on a few key factors:

      • Benefit amount: insurers may delay larger payouts by asking for unnecessary medical tests or challenging your doctor’s evidence. A good TPD lawyer can identify these tactics and push back to keep your claim moving forward.
      • Injury severity: serious injuries often need detailed medical evidence, which can slow things down. Insurers might also ask for extra info or tests to confirm your injury. A lawyer will push back on any unnecessary requests, so you only share what’s needed.
      • Policy terms: if your policy has a broad definition of TPD, your claim might get resolved faster. However, stricter policies might require more evidence, which can extend the process.
      • Claim preparation: if your claim isn’t prepared properly, it can get held up. That’s why it’s important to get it right from the start. A specialised TPD lawyer will handle everything, from collecting evidence to meeting deadlines, so you get your benefit as fast as possible.

      For a free estimate of how long your claim could take, speak to one of our lawyers today. Once we know the facts of your situation, we can give you a more accurate timeline.

      How much will my TPD claim cost?

      Each TPD claim is unique, and costs vary depending on your injury’s severity and the complexity of your claim. But whatever your circumstances, you’re always backed by our industry-leading TPD Fee Guarantee. That means you can expect:

      • No financial risk: your TPD claim is fully covered by our No Win No Fee guarantee, meaning if we don't secure your benefit, you won’t pay a cent. Unlike other firms, our guarantee includes more than just legal fees — it covers every single cost related to your claim.
      • Fixed fees: many law firms charge by the hour, leaving clients anxious about how much their claim will cost. But here at Monaco, we offer fixed fees for all TPD claims. This means you’ll know exactly what your claim will cost from the start, with no surprises or hidden fees along the way.
      • No upfront costs: we cover every upfront cost, such as legal fees and medical reports. This also includes access to our national network of medical experts, including surgeons, psychiatrists, and rehabilitation specialists. These experts partner with our lawyers to show the full impact of your injury and how it meets the conditions of your policy.
      • A 30-day risk-free trial: we offer a 30-day trial so you can evaluate our services before committing to your claim. If you decide we’re not the right fit, you can cancel anytime within this period — free of charge.
      Find out more about our TPD Fee Guarantee

      Frequently asked questions

      Most TPD policies cover all physical conditions, but there are some exceptions to keep in mind:

      • Pre-existing conditions: some policies exclude coverage for conditions you had before the policy started. However, having a pre-existing injury doesn’t automatically disqualify you — it’s all about the specific terms of your policy.
      • Underwritten policies: if your policy was underwritten, it means your coverage was based on your health status at the time the policy began. This could mean that any conditions you had then might be excluded.

      These are just some common reasons your physical condition might not be covered. Since every policy is unique and can be interpreted differently, it’s smart to talk to a lawyer if you’re unsure about your coverage. Our TPD team can review your policy and clarify your entitlements for free.

      Time limits for TPD claims can vary based on your policy. Some policies don’t set specific deadlines, while others may include a ‘prejudice clause’. This means you need to file your claim within a certain timeframe to keep your entitlements.

      If your claim has been denied, you can appeal the decision, but keep in mind that appeals also come with strict deadlines. It’s essential to get legal advice before starting the process. Over the years, we’ve successfully helped hundreds of clients appeal their denied TPD claims.

      If you’re unable to work, you probably need your TPD claim resolved as quickly as possible. Unfortunately, delays can happen for several reasons:

      • Wait period: most TPD policies require you to be off work for a specific wait period — usually three to six months — before you can file your claim. This period is outlined in your policy.
      • Delay tactics: some insurers use strategies to postpone claims or complicate the process. A dedicated TPD lawyer can help you navigate these tactics and work to speed up your claim.
      • Unexpected circumstances: insurers typically have 6 to 12 months to decide on your claim. If delays occur, they must send you an ‘unexpected circumstances letter’ explaining the reason for the delay and outlining the next steps. Your lawyer can help you understand your rights and guide you on how to proceed.
      • Requests for information: insurers may request additional information to process your claim, such as Medicare and PBS history, tax and financial documents, Centrelink records, and medical reports. While not all claims require this information, gathering it can take time. Your lawyer can assist you in managing these requests, challenge any unnecessary ones, or help you get the required documents more efficiently.

      It’s unfortunate, but sometimes super funds and insurance companies deny TPD claims. The good news is, you still have options:

      • Request a review: you have 28 days to ask for a review of the decision. If your claim was with a super fund, they will have 45 days to either uphold or overturn their decision. For insurers, they have just 30 days to respond.
      • File a complaint: if you’re not satisfied with the outcome of the review, you can file a complaint with the Australian Financial Complaints Authority (AFCA).

      To learn more about this process, check out our guide to rejected TPD claims or speak with one of our expert lawyers for personalised advice.

      Yes, you can. If you have TPD cover with more than one super fund, you might be able to make multiple claims for the same condition.

      Many people aren’t aware they have coverage from multiple super funds, especially if they’ve switched jobs and haven’t consolidated their super. If each fund has its own TPD insurance policy, you can potentially make multiple claims.

      However, keep in mind that winning one claim doesn’t guarantee success with the others. Each fund has its own policies and definitions, and some may exclude payments if you’ve already received benefits from another fund.

      To navigate this complex process, it’s best to seek expert help. Our TPD lawyers can uncover all your policies and explain all your entitlements, free of charge.

      Alongside your TPD claim, there are other types of compensation you might qualify for, including:

      • Workers compensation: if your condition was caused or worsened by your job, you may be able to claim workers compensation. This includes weekly payments for lost wages, medical expenses, and rehabilitation costs. If your injury is severe or permanent — often the case when filing a TPD claim — you might also qualify for an additional lump sum payment.
      • Common law damages: if your condition stems from your employer overworking you, neglecting to maintain a safe work environment, or acting negligently in other ways, you could be entitled to common law damages. A successful claim can lead to significant lump sum payouts — potentially worth hundreds of thousands, or even millions, of dollars.

      If you think you might qualify for more than one type of claim, it’s wise to consult a lawyer before proceeding. While multiple claims can increase your total compensation, they can also complicate your case. Having an expert lawyer on your side ensures you receive the full amount you’re entitled to.

      See more FAQs

      The claims process

      While every TPD claim is slightly different, here’s what you can generally expect to happen:

      In a free consultation, you’ll sit down with one of our TPD lawyers who will take the time to hear your story and review your super policy. We’ll discuss your potential claims and show you how we can help you maximise your compensation.

      We’ll gather your medical records, dive deeper into your policy, and start investigating your entitlements. This may involve speaking with your doctors to gain a better understanding of your condition. We might also reach out to your family and friends to get a full picture of how your condition affects your daily life.

      Your lawyer will explain whether you qualify for a TPD benefit and share the best game plan to get your payout fast. They’ll also find any extra claims you could make, like common law damages or income protection, which can substantially increase your total compensation.

      We’ll collect solid evidence about your condition from doctors, specialists, the ATO, WorkCover, and Centrelink. Plus, we tap into our national network of medical experts to provide testimonials that bolster your claim. Once we have everything lined up, we’ll fine-tune your case, fill out all the necessary claim forms, and submit them to your super fund.

      With our solid negotiation skills and a 99% success rate, you can expect to receive your TPD benefit quickly. If your super fund is stalling or refusing to pay, we have effective strategies to get them moving. And if necessary, we’re ready to take your claim to court.

      Meet the team

      Our team use their extensive experience to increase your chances of success. We’ve won many awards for our work, including ‘Compensation Law Firm of the Year 2020 GBM Global Awards.’

      Daniella Dababneh
      Senior Associate
      • English, Arabic
      • Superannuation, TPD, Life Insurance
      View full bio
      Leon Monaco
      Managing Partner
      • English, Russian
      • Workers Compensation, TPD, Motor Vehicle Accidents, Public Liability
      View full bio
      Kathryn Morcos
      Solicitor
      • English
      • Family Provision Claims, Public Liability, Motor Vehicle Accidents
      View full bio
      Meet more of the team

      Get free legal advice

      Find out if you have a claim today.

      Start your claim check Make an enquiryCall 1300 769 665
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      What our clients say

      When you walk through our doors, our top priority is to help you as much as we can. This commitment is shown in over 200 5-star reviews.

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      Monaco made the process easy for me, I wouldn't have succeeded on my own.

      My experience with Monaco has been very good. Having commenced my TPD super claim myself, I soon was overwhelmed by the requirements. Although my claim was pretty small compared to others which make headlines, Monaco offered their services on a no win no fee basis.

      Google Posted by Cephas G
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      They took care of every detail, supporting me every step of the way.

      The team at Monaco Solicitors are outstanding. I was broken and had no capacity to lodge a claim. My toxic employer had me believe I was worthless. My medical expenses were adding up and I could not access treatment due to the cost. Daniella Dababneh and her team stepped in and nurtured me through the complicated process of lodging my TPD claim.

      Google Posted by Aldo Virzi
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      Today, after only 8 weeks, I got the best news: my claim was successful!

      Today I received the best call of my life. It’s finally here, and I couldn’t be happier! I was referred to Monaco solicitors by my sister in law after sustaining work injuries. From the moment I contacted them the whole process was easy and I was always well informed.

      Google Posted by Cherie Mundkowski
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      Monaco's help reduced a 12-month process to just a few months.

      My father originally found Monaco online for super claims,. They had discussed with him in great detail the processes and had been kind and very helpful a few years ago. When needing help with my mothers super claim I knew I could trust Monaco again.

      Google Posted by Carlee Ward
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      Thank you for accomplishing so much in such a short time.

      Great communication, empathy and understanding. My case worker Daniella was a saint, understanding and patient and always passing on any updates in record time.

      Google Posted by Danial Anderson
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      Good result! We had a complicated claim but they got the job done.

      My brothers and I had a complicated claim. I found Ben Ralph to be very helpful, himself and Sally Sutton worked hard for just over a year to get through our claim. They achieved a good result and got the monies paid to myself and my brothers.

      Google Posted by Sarah Pagel
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      I knew it from the very first phone call: I had found a compassionate law firm.

      Monaco Solicitors, I have no hesitation in recommending Daniella Dababneh and her team. After I suffered a serious workplace accident, I was in need of legal help.

      Google Posted by Scott Holden
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      They helped me juggle my injury claim and my mum's full-time care.

      I highly recommend Monaco Solicitors. I was claiming PI through my superannuation for workplace injuries. They were doing a no win no fee which was great as I am a carer for my mum and don’t earn much.

      Google Posted by Ellen Smith
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      Monaco helped me get much more compensation than I expected.

      Monaco Lawyers helped me to receive compensation for an ongoing injury I sustained after I was simply driving home from work and was driven into head on by an incompetent and negligent driver who I believe was texting at the time of the accident.

      Google Posted by Debby McDonald
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      I can't recommend Monaco enough for their help in securing my future financially.

      Monaco Solicitor’s helped me get the best outcome financially for my future after work place injuries left me unable to return to work, my WPI claim was handled by Medea, Jo and Chantel for the main part and although stressful for me at times they always reassured me and kept me up to date throughout the whole process.

      Google Posted by Adam Russo
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      Leon Monaco & team member

      How we can help you

      With 25 years’ experience handling physical injury TPD claims, we’ll secure the full benefit you deserve. As part of our comprehensive service, we always:

      • Investigate your policy and its definition of TPD.
      • Explain your rights and the best strategy to progress your claim.
      • Make sure you get the support and treatment you need.
      • Use strong evidence to show how your injury meets the terms of your policy.
      • Fight back against insurer delay tactics so your claim is resolved faster.
      • Appeal if your claim gets denied.
      • Identify any extra entitlements, like workers compensation.
      • Secure your TPD benefit in full.

      Speak to one of our friendly lawyers

      Email us 1300 769 665

      Millions won for our clients

      View more case results

      $1.2 million

      Physical Injury TPD Claims
      Total and Permanent Disability

      Pieta’s claim was rejected by her insurer. We got the decision overturned.

      When Pieta was diagnosed with breast cancer, she attempted to claim a TPD benefit through her superannuation. Her insurer rejected Pieta’s claim. Pieta then came to us....

      Read more

      $1 million

      Physical Injury TPD Claims
      Total and Permanent Disability

      Mario wins large TPD payout for psychological condition despite strict policy definition

      After Mario stopped working due to psychological illness, his insurer attempted to deny his Total and Permanent Disability (TPD) claim, arguing that he could eventually return to...

      Read more

      $1 million

      Physical Injury TPD Claims
      Total and Permanent Disability

      Aaron tried to claim under a strict insurance policy. Our extra evidence secured his win.

      When Aaron suffered a serious psychological injury, he attempted to claim a TPD benefit through his super fund. His policy, however, was very strict. At first glance,...

      Read more

      $700,000

      Physical Injury TPD Claims
      Total and Permanent Disability

      Juliette secures $700k in just 4 weeks — despite claims her skills were transferrable

      Juliette, 44, had to stop working as a regional supervisor due to severe psychiatric and physical illnesses. She suffered from numerous conditions, including short bowel syndrome, an...

      Read more

      $525,000

      Physical Injury TPD Claims
      Total and Permanent Disability

      13 years after his claim was rejected, we helped Jim overturn his insurer’s decision.

      In 2006, Jim suffered a deep psychological injury. When he tried to claim a TPD benefit through his super fund, his application was rejected. 13 years later,...

      Read more

      $500,000

      Physical Injury TPD Claims
      Total and Permanent Disability

      Expert evidence secures Travis’ TPD payout despite insurer claiming he could return to work

      Travis suffered from severe Post-Traumatic Stress Disorder (PTSD) that left him unable to work. He was just 35 years old when he came to us for help...

      Read more

      $460,000

      Physical Injury TPD Claims
      Total and Permanent Disability

      Sally wins TPD payout despite insurer’s claims of incomplete treatment

      At just 42, Sally, a registered nurse, was forced to stop work due to a severe mental health condition. When her insurer claimed she needed to exhaust...

      Read more

      $310,000

      Total and Permanent Disability

      John was bullied to the point of depression. Doctors and insurers insisted he could work again – but we proved them wrong.

      After enduring persistent workplace bulling, John developed depression and anxiety. When trying to claim a TPD benefit, he hit a roadblock. John’s policy required him to prove...

      Read more

      $280,000

      Physical Injury TPD Claims
      Total and Permanent Disability

      After a workplace accident, Alex’s TPD insurer insisted he could return to work. We found a loophole.

      When a workplace accident left Alex unable to work, he lodged at TPD claim himself. At this same time, we were assisting Alex with his Workers’ Compensation...

      Read more

      $180,000

      Physical Injury TPD Claims
      Total and Permanent Disability

      Sarah struggled to get medical support for her claim. Our network of experts helped win her case.

      Sarah, a nurse, suffered chronic pain as a result of her Fibromyalgia and Complex Regional Pain Syndrome. Unfortunately, due to the lack of medical testing and disagreements...

      Read more

      $100,000

      Physical Injury TPD Claims
      Total and Permanent Disability

      Tony’s insurer claimed his injuries didn’t qualify as TPD. Our lawyers proved them wrong.

      Tony has struggled with lifelong psychological injuries. When later diagnosed with physical injuries as well, Tony tried to claim a TPD benefit through his superannuation. He discovered...

      Read more

      We have the experience you can count on

      98%
      SUCCESS RATE
      25
      YEARS EXPERIENCE
      8,967
      CLAIMS WON
      $650m
      COMPENSATION PAYOUTS

      Darren's Story

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      Darren got a response within an hour. “Monaco took the stress out of everything.”

      Get free legal advice

      Use our online claim checker to instantly find out if you have a claim. Alternatively, just give us a ring — our expert lawyers are always ready to answer your questions.

      Start your online claim check Call 1300 769 665 Email us