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In 2005, Lee was involved in a tragic accident, which wasn't his fault. After years of delays, the TAC offered him $750,000 – then, we helped him to get a new offer of $1.1 million just two week later. That's an extra $350,000 in two weeks!
If an injury or illness means you can no longer work, you may be able to claim a payout from your superannuation fund. This is called a Total and Permanent Disability (TPD) claim, and it is completely separate from WorkCover.
Henry Carus + Associates are TPD lawyers who deal directly with your super fund and its insurer on your behalf, so you don’t have to face them alone. Let us help you claim what you deserve.
Understanding Your TPD Claim
A TPD claim is not a WorkCover claim. It doesn’t matter whether your injury or illness happened at work, on the road, at home, or simply crept up on you over time. TPD is an insurance benefit attached to your superannuation, and it exists to pay you a lump sum if you can no longer work at all in any job you’re reasonably suited to because of your condition. Our lawyers regularly assist with superannuation claims, including TPD, and we can review your super policy statements to check exactly what cover you have.
If you’re not sure whether your situation is a TPD matter, a WorkCover matter, or both, that’s completely normal. It’s exactly why speaking to a TPD lawyer early on can save you time and stress. In some cases, you may even have entitlements under both. Our team acts as workers compensation lawyers in Melbourne and as experienced WorkCover solicitors, so we can help you work out which pathways apply to you.
What Are the Conditions for a TPD Claim?
You may be able to make a claim if an injury, chronic medical condition, or illness means you can no longer work. Most policies also require a waiting period (typically a minimum of 3-6 months) before you can apply.
These rules sound straightforward, but many people who qualify still struggle to get their payout approved. That’s why it’s worth getting legal advice early, whether you’re just starting to think about a claim or you’ve already been knocked back.
No Win – No Fee TPD Lawyers Melbourne
Henry Carus + Associates handles every claim, including TPD claims Melbourne clients bring to us, on a No Win – No Fee basis. That means:
- No upfront payment to start your claim
- You only pay if we win your payout
- If we don’t succeed, you pay nothing (not even out-of-pocket expenses)
Some firms still charge clients for costs when a claim is unsuccessful. We don’t. If you receive a TPD payment because of our work, you pay disbursements and an uplift fee out of that payout. There is no financial risk to you in speaking to us.
Read more about our No Win – No Fee agreements.
How Our TPD Lawyers in Melbourne Handle It For You
Chasing a super fund and its insurer for answers, forms, and updates is exhausting, especially while you’re unwell. This is exactly where a TPD lawyer in Melbourne can make a difference. We deal directly with the fund and the insurer, so you can focus on your health.
First, we check your insurance for free. Henry Carus + Associates review your super statements and any standalone policies to confirm what TPD cover you actually have and whether it’s valid. This evaluation costs you nothing.
Then we assess your eligibility. Every case is different, but insurers typically pay TPD benefits where a person is completely unable to work because of things like:
- Physical injuries (traumatic brain injury, spinal injury, severe burns, amputation)
- Psychiatric conditions, such as severe PTSD or major depressive disorder that are permanent and disabling
- Sudden medical events (heart attack, stroke)
- Chronic illness (cancer, arthritis, multiple sclerosis)
- Terminal illness
You may be entitled to make a TPD claim whether your condition arose from a road accident, a workplace incident, a slip-and-fall, or an illness that has nothing to do with any single event.
Should I Get a Lawyer for a TPD Claim?
Yes. TPD insurance has one of the lowest acceptance rates of any life insurance product, so claimants are often left fighting an uphill battle to secure the benefits they’re entitled to.
Our TPD lawyers prepare a complete, well-supported application from the outset, including medical evidence that aligns with the insurer’s own definitions. This doesn’t guarantee approval, but it gives your claim the strongest possible foundation. If your claim is knocked back, our experience negotiating with insurers puts you in a far stronger position than going it alone.
Contact Henry Carus + Associates for FREE today.
The TPD Claims Process, Step by Step
The exact process can vary slightly between super funds and insurers, but it generally follows the same path. Here’s what to expect, in plain language.
Step 1: We Review Your Policy
Before anything is lodged, we read your insurance policy in full to understand exactly what the insurer requires and whether you meet their eligibility criteria.
Step 2: We Build Your Application
Your application needs strong supporting evidence. Most insurers ask for at least two statements from treating medical practitioners confirming your condition and explaining how it stops you from working, permanently, in any suitable job.
We gather your medical records, treatment notes, scans, and test results, and may recommend an additional medical assessment if it will strengthen your case. We also pull together your proof of identity, employment history, and income records, so nothing holds your claim up.
Step 3: The Waiting Game
Once lodged, there’s little to do but wait. We remain on standby the entire time in case the insurer requests more information or another assessment. Most TPD claims take around 6 months to be decided; more complex cases can take a year or longer.
Step 4a: Your Claim Is Approved
You’ll be told your claim has been accepted and what payout is on offer. We’ll review whether that offer is fair before you accept. Once accepted, the money is generally paid into your super account (or directly to you, for claims sitting outside super).
Step 4b: Your Claim Is Denied
A rejection isn’t the end of the road. Common reasons for denial include:
- Inactive or cancelled TPD cover
- The insurer disputes that you meet the definition of “totally and permanently disabled”
- Insufficient medical evidence
- Applying before the waiting period ended
- Gaps in your work history
From here, you generally have three options: provide further evidence and ask for reconsideration, lodge a formal complaint with the insurer or the Australian Financial Complaints Authority, or take the matter to court. Our team can guide you through whichever path fits your situation.
Is It Hard to Get a TPD Payout in Melbourne?
Yes, it can be. Insurers don’t make this process easy, and many people who try to lodge a claim themselves have it rejected the first time around.
A TPD lawyer can’t guarantee success, but having someone who understands exactly how insurers assess these claims removes much of the guesswork and stress. We prepare and lodge the application on your behalf and pursue every avenue available to get you the TPD payout Melbourne clients are entitled to, all on a No Win – No Fee basis, so there’s nothing to lose by asking.
How Much Is a TPD Payout Worth?
Every claim is different. The value of your TPD payout depends on factors like your age at the time you became disabled, the type of cover you hold, and the specific terms of your policy.
One thing many people don’t realise is that if you’ve changed jobs over the years, you may have more than one super account and more than one TPD policy. Each one could represent a separate entitlement. Our team reviews all your super accounts and policies to give you an accurate picture of what your claim, or claims, may be worth.
What Are the Time Limits for TPD Claims?
You can’t lodge a claim during the waiting period (usually 3–6 months). Once that period ends, it’s best to apply as soon as possible. Not because of a strict deadline to start a claim, but simply because there’s no reason to delay the financial support you need.
Insurers do impose firm deadlines for appealing a rejected claim, so if you’ve received a denial, contact our team straight away and we’ll act quickly.
Contact a TPD Attorney in Melbourne Today
TPD insurance can be a lifeline when illness or injury takes work off the table, but insurers rarely make it easy to access. At Henry Carus + Associates, we treat every client as an individual, not a file number, and build our approach around your circumstances.
There may be more than one form of compensation available to you. Some claims fall under Victoria’s schemes such as TAC or WorkCover, others are common law matters handled by a personal injury lawyer, and others sit with your insurer. As a team of compensation claim lawyers with deep experience across all of these areas, and as trusted insurance claim lawyers, we make sure nothing is left on the table. It’s all part of our philosophy of You Deserve More.
Our TPD lawyers in Melbourne and Victoria are here for a FREE, no-obligation consultation. Call 03 9001 1318 today.
Frequently Asked Questions About TPD Claims
No. TPD claims are made against your superannuation insurance, regardless of how or where your injury or illness happened. WorkCover is a separate scheme that applies specifically to job-related injuries. Some people are eligible for both, and it’s common to feel unsure which applies to you. Our team can clarify this at no cost during a free consultation.
Nothing upfront. Our TPD lawyer Melbourne team works on a No Win – No Fee basis, so you don’t pay unless we secure your payout. If your claim isn’t successful, you owe us nothing.
Roughly 83% of TPD claims succeed, according to the Australian Prudential Regulation Authority, though acceptance rates have recently dipped after several years of improvement. Success depends on how “total and permanent disability” is defined under your policy, how complex your case is, and the strength of your application, which is where a TPD attorney can make a real difference.
On average, insurers take around 7 months to decide a claim, though this varies by insurer. Some are notably faster than others. More complex claims, or those initially denied and requiring appeal, can take longer.
Many physical and chronic conditions can qualify, including spinal injuries causing paralysis, amputation, severe brain injury, stroke with lasting impairment, heart attack, motor neurone disease, multiple sclerosis, severe arthritis, organ failure, and certain severe, permanent psychiatric conditions. TPD insurers look closely at your occupation, education, and training to decide whether your condition stops you from working in any role you’d otherwise be suited to. A TPD claims Melbourne specialist can assess your specific situation.
Henry Carus + Associates Can Help with Your TPD Claim
Our TPD lawyers serve clients from all over Victoria. For a FREE, no-obligation consultation, call us at 03 9001 1318 today. Henry Carus + Associates have offices in Melbourne and communities throughout the metro region.
