
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 moreIf a back or lumbar injury permanently prevents you from working, you may be eligible for a Total and Permanent Disability (TPD) claim.
Unlike weekly workers compensation payments, a TPD claim provides a one-time, substantial lump sum payment to cover all your expenses.
The great news is that TPD coverage is often included in your superannuation policy, meaning you could already be covered without realising it. Unsure about your coverage or need expert advice? Contact us today. Our TPD lawyers are here to review your situation and assess your policy for free.
You don’t have to be confined to a bed or a wheelchair to file a TPD claim. Most policies only require evidence that you’re unable to perform your regular job or any other work suitable for your skills, education, and experience.
For instance, if your background is in construction, you may still be eligible for a TPD claim — even if doctors believe you could work in an office setting.
You can file a TPD claim no matter where your injury took place. However, if the injury occurred at work, you might also qualify for workers compensation. As part of our thorough service, we’ll examine all potential claims to ensure you receive the maximum compensation for your injury.
TPD claims don’t require you to prove anyone was at fault — you just have to be permanently injured.
Find out whether you’re entitled to a TPD claim today.
You can claim TPD for pretty much any back or lumbar injury, as long as it’s left you unable to work. In our experience, this includes:
To make a successful TPD claim for back or lumbar injury, it’s important to follow these steps:
It’s essential to visit your GP or another healthcare professional for an accurate diagnosis of your back or lumbar injury. This not only ensures you receive the necessary treatment but also provides vital evidence for your claim.
Every TPD policy is different, so it’s important to understand how your injury and its impact on your ability to work align with your policy’s specific requirements.
For example, some policies may require you to be entirely unfit for work, while others may only need evidence that you’re unable to perform your regular job or any other job that matches your skills, education, and experience.
It’s essential to carefully review your policy to know exactly what’s needed for your claim. If you’re unsure or need help, check out our detailed guide on the various types of TPD policies to get a better understanding of how they work.
You’ll need to meet all the terms of your policy, like work history conditions or waiting periods.
The good news is, you don’t have to go through this process by yourself. Proving a TPD claim can be tough, which is why it’s essential to work with an experienced lawyer.
We’ll tap into our national network of medical and employment professionals to gather solid evidence about your back or lumbar injury, its impact on your life, and how it fits with your policy’s TPD criteria.
Generally speaking, TPD claims are resolved in about six months. But if your injuries are more severe or your situation’s more complicated, your TPD claim could take up to 12 months. Your exact timeline is based on factors like:
Get in touch today for a free estimate on how long your claim might take. After understanding the details of your case, our lawyers can provide a more precise timeline.
Every TPD claim is different, with costs depending on the severity of your injury and the complexity of your case. Regardless of your situation, our TPD Fee Guarantee ensures you’re supported every step of the way.
Here’s what you can expect:
Most TPD policies generally cover back and lumbar injuries, but there are a few exceptions to consider:
These are just a few reasons why your back or lumbar injury may not be covered. Since each policy is different and can be interpreted in various ways, it’s helpful to consult with a lawyer if you’re unsure about your coverage. Our TPD team can review your policy and provide a free assessment of your entitlements.
The time limits for filing a TPD claim can vary depending on your policy. While some policies don’t specify a deadline, others may include a ‘prejudice clause,’ which requires you to submit your claim within a certain period to maintain your entitlements.
If your claim is denied, you can appeal, but be aware that there are also strict deadlines for appeals. That’s why it’s important to seek legal advice before proceeding. We’ve successfully assisted hundreds of clients in appealing denied TPD claims over the years.
If you’re unable to work, resolving your TPD claim quickly is likely a priority. However, there are several factors that could cause delays:
Unfortunately, super funds and insurance companies sometimes deny TPD claims. However, there are still steps you can take:
Yes, you can. If you have TPD coverage with more than one super fund, it’s possible to file multiple claims for the same back or lumbar injury.
Many people are unaware that they have coverage from multiple super funds, especially if they’ve changed jobs and haven’t consolidated their super. If each fund offers its own TPD insurance, you may be eligible to make several claims.
However, keep in mind that winning one claim doesn’t automatically mean success with others. Each fund has its own terms and definitions, and some may exclude payouts if you’ve already received benefits from another fund.
To make sense of this complicated process, it’s a good idea to seek expert advice. Our TPD lawyers can help uncover all your policies and clarify your entitlements at no cost.
In addition to your TPD claim, there are other forms of compensation you may be eligible for, including:
If you believe you may qualify for multiple types of compensation, it’s important to speak with a lawyer before moving forward. While pursuing multiple claims can increase your total compensation, it can also complicate the process. An expert lawyer can help ensure you receive the full amount you’re entitled to.
Every TPD back injury claim is unique, but here’s what you can typically expect:
During a free consultation, one of our TPD lawyers will listen to your story and carefully review your super policy. We’ll talk through your potential claims and explain how we can assist you in securing the maximum compensation possible.
We’ll collect your medical records, thoroughly review your policy, and begin exploring your entitlements. This may include consulting with your doctors to better understand your condition, and possibly reaching out to your family and friends to gain insight into how your back or lumbar injury impacts your everyday life.
Your lawyer will assess whether you’re eligible for a TPD benefit and outline the best strategy to secure your payout quickly. They’ll also identify any additional claims, such as common law damages or income protection, which could significantly boost your overall compensation.
We’ll gather strong evidence regarding your condition from doctors, specialists, the ATO, WorkCover, and Centrelink.
Additionally, we’ll get our national network of medical experts to provide testimony for your claim. Once everything is in place, we’ll carefully prepare your case, complete all necessary claim forms, and submit them to your super fund.
Thanks to our strong negotiation skills and a 99% success rate, you’ll most likely get your TPD benefit quickly. But if your super fund is delaying or denying payment, we have proven strategies to push them forward. If needed, we’re fully prepared to take your case to court.
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.’
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.
With 25 years of experience handling TPD claims for back and lumbar injuries, we’re dedicated to securing the full benefit you deserve. Our comprehensive service includes:
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.