MonacoMonaco
Call Menu Close
    Search Cross
    Close
    Viewing content for gps Australia
    Contact us
    Monaco
    1300 769 665Contact us
    Search
    Search
      close
      Search
      Close
      Google
      StarStarStarStarStar
      4.8/5 based on 264 reviews on Google
      Viewing content for gps Australia

      Do I have a claim?

      You may have a TPD claim if an injury or illness permanently affects your ability to work.

      Unlike income protection or weekly workers compensation payments, a TPD benefit is a lump sum (often a substantial one) that provides financial support while you’re off work.

      TPD is usually attached to your super policy, so you probably have this insurance without even realising it.

      You don’t necessarily have to be bedridden or confined to a wheelchair to have a TPD claim. Many policies only require proof that you’re unable to do your regular job, or any job within your education, training and experience. For example, if you’ve spent your life working in construction, you may still have a TPD claim even if doctors say you’re well enough to work in an office.

      It doesn’t matter where your injury or illness happened: you still have a TPD claim even if you were injured outside of work. However, if it did happen at work, you may also be entitled to Workers’ Compensation and other benefits.

      You don’t have to prove that someone else 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 sort of injuries and illnesses can I claim TPD for?

      Common conditions include:

      • Heart conditions
      • Back injuries
      • Chronic health conditions, including arthritis, diabetes and asthma
      • Auto-immune conditions
      • Cancer
      • Psychological conditions, including Post-Traumatic Stress Disorder (PTSD), anxiety, and depression
      • Degenerative conditions, including Alzheimer's disease and Parkinson's disease

      How much does a 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.
      • 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

      The claims process

      While each case is unique, your claim will likely go through the following steps:

      Talk to one of our lawyers about your situation. Most likely, this lawyer will see your claim through to its successful completion.

      To help us advise you, your lawyer will identify and obtain all the relevant documents for your case. It costs you nothing, and it’s completely obligation free.

      Your lawyer will give you free advice about what you’re entitled to and the best way to proceed. They’ll also let you know if you have other possible claims, in addition to TPD.

      Your lawyer will collect evidence from third parties to support your claim. This includes doctors, medical specialists, the ATO, WorkCover, Centrelink, and any other relevant sources. We then fine tune your case: preparing detailed legal submissions, completing your claim forms, and sending these to your super fund.

      You tell us how you want to receive your benefit. We make sure that you get your money as soon as possible.

      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
      • Workers Compensation, Motor Vehicle Accidents, Public Liability, Medical Negligence
      View full bio
      Kathryn Morcos
      Solicitor
      • English
      • Family Provision Claims, Public Liability, Motor Vehicle Accidents
      View full bio
      Meet more of the team

      Frequently asked questions

      Most claims take around 6 months from lodgement date to completion. If your claim is more complex, it may take up to 12 months for your insurer to reach a decision.

      The exact length depends on 4 main factors:

      • The amount of compensation.
      • The severity of your injury or condition.
      • Your policy terms.
      • How well your claim is prepared.

      The amount of compensation

      Insurers are often reluctant to pay substantial settlements. They may use delay tactics to avoid giving you the compensation you deserve. This includes having you undergo unnecessary medical tests or challenging your doctor’s evidence.

      The severity of your injury or condition

      Severe injuries often result in large payouts — but they also require extensive medical evidence. Your claim may be delayed by insurer investigations, including medical assessments, requests for information and requests for retraining. While some of these are essential, others are merely delay tactics. An expert TPD lawyer can help you differentiate between the two, ensuring your claim progresses as quickly as possible.

      Your policy terms

      If your policy has a broader definition of TPD, your claim may be resolved faster. On the other hand, policies with a strict definition of TPD may require more evidence and your claim can take longer to prove.

      After you file your claim, the insurer may request you undergo rehab or retraining. It’s important to understand whether this is a fair request under your policy. If you’re unsure, an experienced TPD lawyer can review your policy for you.

      How well your claim is prepared

      To speed up the process, we always suggest having a specialist TPD lawyer prepare your claim. When claims aren’t prepared properly, insurers can drag them on for years.

      Your lawyer can also challenge unnecessary requests. In our experience, insurers use this delay tactic often. We know what your entitlements are under your policy and will ensure your insurer does not overstep their rights.

      If your insurer continues to use delay tactics, we will send them official warnings and — if necessary — refer the matter to the Tribunal or the Ombudsman.

      If you’re unable to work, chances are you’re in a difficult financial situation, and eager to get your TPD claim resolved fast. There are a number of reasons your claim could be taking longer than expected.

      Wait period

      Before commencing a TPD claim, you typically have to be off work for a designated wait period. This wait period is usually either three or six months, after which you can start your claim.

      Delay tactics

      In our experience, insurers can use tactics to delay claims and discourage unrepresented claimants from pursuing their entitlements. A dedicated TPD lawyer can help you overcome insurer tactics, meaning that your claim may be paid out sooner.

      Unexpected circumstances

      There may also be ‘unexpected circumstances’ which prevent a speedy decision. Generally, your insurer has 6 – 12 months to make a decision on your claim. The only exceptions are ‘unexpected circumstances’.

      If unexpected circumstances delay your claim, your insurer must issue an ‘unexpected circumstances letter’ outlining why they have been unable to reach a decision. At this time, they will also cover the next steps. Your lawyer will be help you understand your rights and the best way to proceed.

      Requests for information

      When assessing your TPD claim, your superfund or insurer will commonly request additional information. This can include your:

      • Medicare and Pharmaceutical Benefits Scheme (PBS) history.
      • Tax and financial documents from the ATO.
      • Centrelink documents.
      • Medical records or reports from medical professionals.

      While these documents are not requested in every instance, gathering documents from companies, medical providers, experts and government organisations and can often delay your claim. To speed up this process, your lawyer can challenge the relevance of the requested documents, or help you procure the documents through other channels.

      Don’t take no for an answer. We’ll provide a free second opinion, and help you dispute the decision. We’re experts in challenging and overturning unfair determinations made by super funds and insurance companies.

      Strict time limits may apply to disputing TPD decisions, so talk to our lawyers today. It’s never too late to find out where you stand.

      Yes, it’s possible. If you hold TPD cover with more than one super fund, you may be eligible to make a claim with each fund for the same illness or injury.

      Many people aren’t even aware they are insured by multiple super funds. This can happen if, for example, you’ve changed jobs over the years and haven’t consolidated your super. Multiple super fund memberships mean you may have multiple TPD insurance policies.

      It’s important to note that success in one claim does not guarantee success in any other claims. Every fund has their own policies, conditions and definitions, and each case will need to be approached uniquely. For example, some funds will have a policy stating that a TPD payment will not be made where a claimant has already been paid a benefit.

      An expert in TPD law will uncover all your insurance policies, and help you understand your entitlements. Speak to one of our specialist team today—it’s free and obligation-free.

      When making TPD claims, many people are concerned their employer will be liable to pay their compensation. While your employer may have to provide a statement, they are not legally involved in the claim.

      In the case of insurance and superannuation claims, it’s the insurer who will pay your benefit. In some instances, this is through your private life insurer, superannuation fund, employer sickness and accident insurer, or even your mortgage and credit card insurer.

      The benefit you receive corresponds to the date that you last worked or the date that you first became injured or ill (and therefore unable to work). The lump sum payment will be made into your super account and then, based on your specific payment instructions, released by the Funds Trustee.

      When we think of superannuation, we usually think of an account balance paid upon retirement, or after reaching the designated age. However, in particular circumstances, you may successfully apply to release your super account balance earlier. These circumstances can include, but are not limited to:

      • Financial hardship.
      • Compassionate grounds.
      • Permanent incapacity.
      • Temporary incapacity.
      • Terminal illness.

      In addition, your super benefit can be released early if the money is required for:

      • The cost of medical treatment (provided it is not commonly available in the public health system).
      • Medical transportation costs (required by either the fund member or their dependant).
      • Loan repayments (to prevent mortgage sale of property).
      • Special needs modifications to the home or transport of a severely disabled fund member (or dependant).
      • Palliative care or funeral expenses of a fund member or their dependant.

      A claim for early release of super funds is similar to a TPD claim, in that they are both assessed under similar criteria. Namely, that the claimant ceased work due to an injury or illness and, as a result of that injury or illness, is unable to return to any work that is within their education, training or experience.

      In order to satisfy the criteria, the Fund’s Trustee requires sign off from two qualified medical practitioners, confirming that you are permanently incapacitated. At Monaco, we focus primarily on permanent incapacity and TPD. Our team are experts at helping clients gain early access to their super in situations where they can no longer work.

      If you are unable to work due to permanent incapacity or TPD, or you’re unsure of whether your injury or illness qualifies, get in touch today. For more information on the early release of super funds, head to the ATO online guide.

      While you can make a claim on your own, it’s crucial to understand that TPD is a complex area of law, and without strong legal advice you may not secure your full benefit.

      A specialist lawyer can assist with every aspect of your case, including:

      Delay

      Insurers tend to dismiss unrepresented claimants, using tactics to reject or delay their claims. A skilled TPD lawyer not only understands these tactics, but knows how to get around them, often resulting in your claim being processed and approved faster.

      Medical evidence

      In the last few years, the courts have also determined that an insurer is legally entitled to use their own experts to test the assertions made by a claimant. For example, instead of relying on medical evidence submitted by the claimant’s doctors, insurers will insist on tests conducted by their own medical professionals. In our experience, this makes it more likely for an insurer to reject your claim. Your lawyer will challenge each of the insurer’s assertions, and ensure you have the best possible chance of success.

      Policy interpretation

      Like any contract, your TPD policy is open to interpretation. For example, in the context of work, there is more than one definition of ‘permanently disabled’. Some definitions are more restrictive, whilst others are less so. A lawyer with TPD experience will tease out the finer legal detail and prepare a case that fits within the definition of your policy

      No Win No Fee

      Importantly, you’ll be covered by our No Win No Fee guarantee. Your initial consult is free, and you pay nothing until we’re successful. We’ll also cover the upfront cost of any medical assessments or expert reports.

      See more FAQs

      Act quickly — time limits may apply

      Time limits for TPD claims vary between policies. While some policies don’t specify a time limit, others may include a ‘prejudice clause’, meaning you’ll need to make your claim within a set period to avoid missing out on your entitlements.

      If your claim has already been denied, you’re entitled to appeal the decision. Strict time limits apply to appeals, so it’s essential to get legal advice before starting. Over the years, we’ve helped hundreds of clients successfully appeal denied claims.

      Get free legal advice

      Find out if you have a claim today.

      Start your claim check Make an enquiryCall 1300 769 665
      Google
      4.8/5
      StarStarStarStarStar
      Based on 264 reviews on Google
      Open

      What's on this page

      Close

      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.

      Google
      4.8 out of 5
      StarStarStarStarStar
      Based on 264 reviews on Google
      Viewing content for GPS Australia
      Read more reviews
      StarStarStarStarStar

      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
      Read more
      StarStarStarStarStar

      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
      Read more
      StarStarStarStarStar

      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
      Read more
      StarStarStarStarStar

      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
      Read more
      StarStarStarStarStar

      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
      Read more
      StarStarStarStarStar

      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
      Read more
      StarStarStarStarStar

      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
      Read more
      StarStarStarStarStar

      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
      Read more
      StarStarStarStarStar

      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
      Read more
      StarStarStarStarStar

      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
      Read more
      Leon Monaco & team member

      Why choose Monaco

      As part of our free assessment, we investigate your policy, its definition of TPD, and find the best strategy to progress your claim. Unlike other firms, we also deep dive into your other entitlements, including any lucrative negligence, disability and income protection claims you may have.

      You’ll receive a breakdown of all your possible claims and how much compensation you can expect. This comprehensive approach has earnt us ‘Compensation Law Firm of the Year 2020‘, as well as a 4.8-star Google rating from over 200 delighted clients.

      If your insurer has already rejected your claim, we offer a free second opinion. Many of our TPD team previously worked for national insurance companies, so we know the strategies to get your rejection overturned—and your TPD benefits paid out sooner.

      Call us today to find out if you have a claim. Our lawyers are always available to discuss your claim.

      Learn more about us

      Speak to one of our friendly lawyers

      Email us 1300 769 665

      Millions won for our clients

      View more case results

      $1.2 million

      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

      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

      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

      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

      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

      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

      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

      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

      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

      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

      2:18m watch

      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