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Total and Permanent Disability (TPD)

What compensation can you receive?

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.

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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. 

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.

What fees are involved?

At MKF Lawyers, we 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. We work on a no win no fee basis for most personal injury claims occurring in Adelaide. This means that you do not pay our legal fees in the event your claim is not successful. We also usually work on a no win no fee basis for claims relating to motor vehicle accidents, childhood sexual and physical abuse, dog attacks, public liability and medical negligence.

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.


Personal Injury Lawyers Adelaide

Frequently Asked Questions

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.

Total and Permanent Disability (TPD)