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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.

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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?

  • No financial risk: Your claim is covered by our No Win No Fee Guarantee, meaning you pay nothing unless we win.
  • No upfront costs: We cover every cost, including expert evidence, legal fees and admin. If your claim doesn't work out, you'll never receive a bill from us.
  • Fixed fees: We provide an exact breakdown of our fees before starting work on your case. No last minute surprises, no sticker shock.
  • 30-day risk-free trial: We offer a 30-day free trial so you can evaluate our work before committing to your claim. If you cancel anytime during this period, there's absolutely nothing to pay.
Find out more about our fees

The claims process

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
Leon Monaco
Managing Partner
  • English
  • Workers Compensation, Motor Vehicle Accidents, Public Liability, Medical Negligence
Kathryn Morcos
Solicitor
  • English
  • Family Provision Claims, Public Liability, Motor Vehicle Accidents
Meet more of the team

Frequently asked questions

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.

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.

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.

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

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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4.8 out of 5
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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.

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.

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.

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.

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.

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.

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.

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
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. If your insurer has already rejected your claim, we offer a free second opinion.

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.

Call us today to find out if you have a claim. Our lawyers are always available for a free consultation.

Learn more about us

Speak to one of our friendly lawyers

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

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

$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

$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
8,625
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.