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Can I make a TPD claim for back injury?

If 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.

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What back injuries can I claim for?

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:

  • Chronic back pain: persistent pain from conditions like herniated discs or degenerative disc disease that severely limits mobility.
  • Spinal cord injury: damage to the spinal cord leading to paralysis or significant loss of function.
  • Disc prolapse/ herniation: when a disc in the spine bulges or ruptures, often causing nerve damage and severe pain.
  • Spondylolisthesis: when a vertebra in the spine slips out of place, potentially leading to nerve compression and pain.
  • Sciatica: nerve pain caused by a herniated disc or spinal injury, often affecting the lower back and legs.
  • Fractured vertebrae: severe bone fractures in the spine that lead to permanent disability.
  • Osteoarthritis: degenerative joint disease that affects the spine, causing pain and stiffness, leading to difficulty working.
  • Spinal stenosis: narrowing of the spinal canal, which can compress the spinal cord or nerves and cause significant discomfort.

How to make a successful TPD claim for back injury

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.

How long will my TPD claim take?

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:

  • Benefit amount: insurance companies might try to delay bigger payouts by requesting extra medical tests or disputing your doctor’s findings. An experienced TPD lawyer can spot these tactics and fight to keep your claim on track.
  • Injury severity: severe injuries typically require thorough medical documentation, which can delay the process. Insurers may also request additional information or tests to verify your injury. A lawyer will challenge any unnecessary demands, ensuring you only provide what’s essential.
  • Policy terms: if your policy defines TPD broadly, your claim could be settled more quickly. However, policies with stricter definitions may require additional evidence, leading to a longer process.
  • Claim preparation: a poorly prepared claim can cause delays, which is why it's crucial to get it right from the beginning. A skilled TPD lawyer will manage everything — from gathering evidence to meeting deadlines — ensuring you receive your benefits as quickly as possible.

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.

How much will my TPD claim cost?

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:

  • No financial risk: with our No Win No Fee guarantee, your TPD claim is completely risk-free. If we don’t win your case, you won’t pay anything. Unlike other firms, our guarantee covers all costs associated with your claim, not just legal fees.
  • Fixed fees: unlike many law firms that charge hourly rates, leaving clients uncertain about costs, Monaco offers fixed fees for all TPD claims. This means you'll have a clear understanding of your claim’s cost upfront, with no unexpected charges or hidden fees later.
  • No upfront costs: we cover all upfront costs, including legal fees and medical reports. We also give you access to our network of surgeons, psychiatrists, and rehabilitation specialists. These experts work with our lawyers to show how your injury meets your policy’s requirements.
  • A 30-day risk-free trial: we offer a 30-day trial so you can assess our services before moving forward with your claim. If you feel we’re not the right fit, you can cancel anytime within this period at no cost.
Find out more about our TPD Fee Guarantee

Frequently asked questions

Most TPD policies generally cover back and lumbar injuries, but there are a few exceptions to consider:

  • Pre-existing conditions: some policies may exclude injuries or conditions you had before the policy started. However, a pre-existing injury doesn’t automatically mean you’re not covered — it’s dependent on your policy’s terms.
  • Underwritten policies: if your policy was underwritten, it means your coverage was based on your health at the time it started. This might result in exclusions for conditions present at that time.

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:

  • Wait period: many TPD policies require a waiting period, typically between three to six months, before you can file your claim. This period is specified in your policy.
  • Delay tactics: some insurers may use tactics to delay or complicate the claims process. A skilled TPD lawyer can help you identify these strategies and work to speed up the process.
  • Unexpected delays: insurers usually have between 6 to 12 months to decide on your claim. If there are delays, they must send an ‘unexpected circumstances letter’ explaining the reason and outlining the next steps. A lawyer can help you understand your rights and guide you through the process.
  • Information requests: insurers may ask for additional documents to process your claim, including Medicare and PBS records, tax and financial information, Centrelink details, and medical reports. While not all claims need this information, gathering it can take time. Your lawyer can help manage these requests, challenge any unnecessary ones, or assist in obtaining the required documents more quickly.

Unfortunately, super funds and insurance companies sometimes deny TPD claims. However, there are still steps you can take:

  • Request a review: you have 28 days to request a review of the decision. If the claim is with a super fund, they must respond within 45 days. For insurance companies, the response time is 30 days.
  • File a complaint: if the review doesn’t resolve the issue, you can file a complaint with the Australian Financial Complaints Authority (AFCA).

For more details on this process, check out our guide to rejected TPD claims or get in touch with one of our expert lawyers for personalised advice.

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:

  • Workers compensation: if your injury was caused or aggravated by your job, you may be entitled to workers compensation. This could include weekly payments for lost wages, as well as coverage for medical expenses and rehabilitation costs. If your injury is severe or permanent, you may also qualify for a lump sum payment.
  • Common law damages: if your injury resulted from your employer’s negligence — such as overworking you or failing to maintain a safe work environment — you could be entitled to common law damages. A successful claim can lead to significant lump sum payments, potentially reaching hundreds of thousands or even millions of dollars.

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.

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The claims process

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.

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, Russian
  • Workers Compensation, TPD, Motor Vehicle Accidents, Public Liability
Amarni Al Skef
Solicitor
  • English, Arabic
  • Superannuation, TPD, Life Insurance
Meet more of the team

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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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Leon Monaco & team member

How a lawyer can help your TPD claim

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:

  • Thoroughly investigating your policy and its TPD definition.
  • Ensuring you receive the support and treatment you need.
  • Using strong evidence to demonstrate how your injury meets your policy’s terms.
  • Combatting insurer delay tactics to resolve your claim quickly.
  • Assisting with appeals if your claim is denied.
  • Identifying additional entitlements, such as workers compensation.
  • Securing your full TPD benefit.

Speak to one of our friendly lawyers

Millions won for our clients

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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...

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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...

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

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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...

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SUCCESS RATE
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CLAIMS WON
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