Are you unfit for work on a permanent basis?
What compensation can you receive from a TPD claim?
Every TPD case is unique, and the amount of compensation will vary depending on the specific policy of insurance. If you have more than one superannuation fund or private policy of insurance, you may be able to make multiple TPD claims.
Claims can be worth tens of thousands of dollars and sometimes hundreds of thousands of dollars.
If you have insurance, and before you stopped work you were paying premiums to the insurer, then you are entitled to take the benefit of that lost insurance you probably never knew you had. It usually doesn’t matter if you stopped paying your premiums or cancelled your insurance after you stopped work.
Your injury or illness does not need to be work related. The main factor is that you can’t work for whatever reason. If you are not sure if you have insurance or how to get started claiming it, contact us and we can check for you or get the process started.
So what are your chances of winning your case?
Every case is unique but a key determining factor is the quality of the TPD and/or income protection claim we submit to the insurer.
If you have been accepted for the Disability Support Pension (DSP) you can still make a claim on your insurance. Even if you have been rejected for the DSP, you are entitled to claim on your insurance.
Several factors can impact your chances of winning a TPD and income protection claim, including:
- The definitions of “total and permanent disability”, “total incapacity”, “partial incapacity” in the policy.
- Your education, training and work experience.
- In the case of an income protection claim, to what extent you can perform some of your work duties.
- The medical evidence supporting your inability to return to work.
“Took the bulk of the load off my shoulders"
"The team I worked with was nothing short of brilliant - they took the bulk of the load off my shoulders and their knowledge, professionalism, courtesy and constant support and contact made me feel not only valued but completely comfortable with their advice and guidance.”
ToniaTPD Claim Client
Think you might have a TPD claim?
What fees are involved?
At MKF Lawyers, our Adelaide personal injury lawyers operate on a ‘no win, no fee’ basis, so if your claim is unsuccessful you do not pay our legal fees. There’s no cost to reach out and have an initial chat about your case.
This means that you do not pay our legal fees in the event your claim is not successful. We usually work on a no win no fee basis for claims relating to childhood sexual and physical abuse, dog attacks, public liability, medical negligence and total and permanent disability (TPD).
How long does the process take? What’s involved?
The time it takes to resolve a TPD or income protection claim depends on several factors, such as:
- The complexity of the case.
- Your medical conditions.
- The insurance company’s processing and investigation time.
- Your cooperation and provision of necessary documentation.
- The length of time you’ve been unable to work.
Typically, TPD and income protection claims can take 9 to 12 months to resolve. The exact time frame will depend on the individual circumstances of each case, but as a guide we will:
- Step 1: Have an initial phone call or in person meeting to discuss your claim.
- Step 2: Take a statement from you.
- Step 3: Obtain insurance policy documents.
- Step 4: Obtain any relevant medical records.
- Step 5: Obtain any relevant financial records.
- Step 6: Obtain reports from appropriate doctors.
- Step 7: Prepare and submit your detailed claim for consideration.
By following these steps, we’ll work together to ensure that you receive the lost insurance you deserve.
Are you seeking the assistance of TPD lawyers in Adelaide to help you navigate the complex process of claiming total and permanent disability benefits?
MKF Lawyers are here to assist you. With over 40 years of combined experience, our team of dedicated professionals have a proven track record of success in securing favourable outcomes for our clients.
Why Choose MKF Lawyers?
Expert Legal Advice: Our TPD lawyers in Adelaide possess the knowledge and expertise to handle even the most complex cases.
Personalised Approach: We understand that each case is unique. Our experienced team will ensure that you receive tailored legal advice.
Strong Track Record: Our firm has a history of successfully claiming and winning TPD benefits for our clients.
Need TPD Lawyers Near Me?
If you’re looking for TPD lawyers near you in Adelaide, MKF Lawyers can provide you with the legal support you need. Whether your disability is work-related or not, our team can help you achieve the compensation you deserve.
Don’t Delay, Act Now
If you’ve suffered a debilitating injury or illness that prevents you from working, don’t hesitate to contact MKF Lawyers. Our TPD lawyers in Adelaide are ready to secure your insurance entitlements, and ensure you receive the financial support you need.
Don’t know what to do if you’ve suffered a debilitating injury or illness?
Frequently Asked Questions About
Total and Permanent Disability (TPD) Claims
Why does the specific policy matter?
The specific TPD policy, or policies, available to you matter because they dictate the criteria to be met to receive a TPD compensation payment, and the terms of any payment.
How long will it take to finalise my claim?
In our experience, the time for resolution of a TPD claim depends on the circumstances of the claim and in particular, the attitude taken by the income protection insurer and whether a previous decision is being disputed. MKF Lawyers will do everything possible to progress your claim so that a resolution is reached quickly.
Do I need a lawyer?
You don’t require a lawyer to make a TPD claim or dispute a decision made by your insurer. If the correct evidence is not submitted and the requirements of the insurance or super policy are not addressed, your claim is likely to be declined and you will need to dispute the decision. This can be a very stressful and time consuming experience, and it may be that the insurer is not willing to alter their decision. MKF Lawyers can advise what evidence is required to support a TPD claim and assist in obtaining that evidence so as to ensure you receive your full entitlements. We can also assist in having your claim progressed quickly.
Can I still make a TPD claim if I stopped working years ago?
Yes. Unlike many other compensation claims, TPD claims generally have no formal time limits. What matters is whether your injury or illness permanently prevents you from working in your usual job or any role suited to your skills and training. Even if you stopped working years ago, you may still be eligible to claim.
What happens if I have more than one superannuation fund with insurance?
If you have multiple super funds, you may be able to make multiple TPD claims, depending on the policies attached to each fund. MKF Lawyers can help identify which funds you held at the time you stopped work and assess whether multiple claims are possible.
Can I claim TPD through my super if my condition isn't work-related?
Yes. Your injury or illness does not need to be caused by your job. TPD insurance typically covers any condition that prevents you from working – whether it’s a mental illness, chronic illness, injury or a progressive medical condition.
What if I’ve already been rejected for a TPD or DSP claim?
You may still have options. Many claims are rejected simply because the correct evidence wasn’t submitted. MKF Lawyers can assess your case, gather the necessary documentation, and dispute rejected claims on your behalf, giving you the best chance of success.
What does 'lost insurance' mean and can I still access it?
Lost insurance refers to cover you had while working and paying premiums through your super fund, which you may have cancelled or let lapse after stopping work.
In most cases, you can still access this insurance if the policy was active when you last worked. MKF Lawyers can help track down and reactivate lost cover where a valid claim exists.
What’s the difference between TPD and income protection insurance?
TPD insurance provides a lump sum payment if you are permanently unable to work again. Income protection, on the other hand, provides ongoing payments to replace part of your income while you’re temporarily unable to work. Depending on your policy, you may be able to claim both. MKF Lawyers can review your policies and advise on your full entitlements.
What if I don’t know whether I have TPD insurance?
Many people aren’t aware that their TPD insurance is attached to their super fund, or that they can claim against more than one policy. If you’re unsure, we can help track down your super funds, request your policy documents, and confirm your coverage. You may have a valid claim waiting to be made.
Can I claim TPD and also make a personal injury claim?
Yes. If your condition was caused by a motor vehicle accident, workplace injury, or other third-party negligence, you may be eligible to pursue both a personal injury compensation claim and a TPD claim through your super.
These are separate claims and usually don’t cancel each other out.
What are the most common reasons TPD claims are rejected?
Common reasons include missing medical evidence, failing to meet the definition of disability under the policy, or submitting incomplete paperwork. Many valid claims are initially rejected due to technicalities. Our personal injury lawyers ensure your claim is prepared correctly from the start – or we can dispute an insurer’s decision on your behalf.
Do I need to go to court to get a TPD payout?
Most TPD claims are settled without needing to go to court.
If your claim is properly prepared and supported by evidence, the insurer will typically assess and pay the benefit without litigation. However, if the claim is unfairly denied, we can take legal action to fight for your entitlements.
“Our passion is obtaining compensation for people disadvantaged by their injuries.”
Matt Degregorio – Managing Director
Process for making a claim
Our experienced total and permanent disability (TPD) lawyers are here to guide you every step of the way ensuring you’re informed, supported, and aware of your legal rights from the very beginning.
We’ll explain everything in plain language and keep you updated throughout the process, so you always know where you stand.
Need help? Get in touch.
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