If you’ve suffered an illness or injury and you unable to work, you may be eligible to make a Total and Permanent Disability (TPD) claim. TPD insurance is most commonly attached to your Super, but some people also take out private cover.
One of the most common questions we get is “Do I need a lawyer in order to make a TPD claim?”
The short answer is “no”. There is no requirement to have a lawyer when submitting a TPD claim. However, having a lawyer assist you with your claim will generally make the process smoother, less stressful, and more likely to result in early success.
Why do people choose to use a Lawyer?
While you can certainly make a TPD claim yourself, if you feel able, many people find it of great benefit to work with a lawyer, especially as the process can become difficult, confusing, delayed, or disputed. Here’s why legal support is often recommended:
- 1. Understanding the policy and the fine print
Every TPD insurance policy is different. Some policies define “total and permanent disability” as being unable to work in your usual job. Others define it more strictly, such as being unable to work in any job suited to your education and experience.
A lawyer can help you understand the wording of your policy, assess whether you meet the criteria, and gather the right evidence to support your claim.
- 2. Reducing stress and managing paperwork
Making a TPD claim involves a lot of paperwork. You’ll be asked to obtain and provide medical records, financial documents, and employment history, and then ensure that satisfies the necessary policy terms.
For someone dealing with and illness or injury, this process can be overwhelming. A lawyer can handle the administrative burden and communicate directly with the insurer on your behalf, allowing you to focus on your health and wellbeing.
- 3. Challenging delays or rejections
Unfortunately, some claims are delayed, underpaid, or denied, even when they are genuine and properly lodged.
If your claim is rejected, a lawyer can help you:
- Understand the insurer’s decision;
- Gather more evidence or medical opinions;
- Facilitate and internal review; and
- Assist you with an external review.
With legal support, you’re more likely to achieve a fair and timely outcome.
- 4. No upfront legal costs
Most law firms, including ours, offer “no win, no fee” arrangements for TPD claims. This means:
- You don’t pay any legal fees unless your claim is successful;
- You’ll receive transparent and clear information about costs before proceeding; and
- Legal fees are usually deducted from your final payout, so there’s no upfront or out-of-pocket cost to you.
When should you speak to a lawyer?
It’s a good idea to get legal advice if:
- You’re unsure about your eligibility;
- Your claim has been delayed or rejected;
- You’re struggling to complete the paperwork;
- You have multiple super funds or don’t know which policy applies;
- Your condition is complex or disputed.
We’re here to help you
If you’re facing a situation where you can’t return to work because of a debilitating illness or condition, don’t wait to explore your options. You could well be entitled to a TPD payout which provides vital financial security and support in your time of need. If you, or a loved one, are unable to work due to an injury or illness, we would be pleased to meet with you to discuss your options on a no-win, no-fee basis. Please contact our friendly team on (02) 4050 0330 to make an appointment with one of our specialist personal injury solicitors.