As an Australian worker, you automatically have Total and Permanent Disability (TPD) and death lump sum insurance cover through your default superannuation fund, called MySuper accounts. This protects you and provides affordable cover in case you have to stop working for any medical reason such as injury or illness. A life insurance policy provided by your employer or membership of your union, financial institution or bank may also cover you for TPD.

If you do need to make a TPD claim through any of the above policies, it’s vitally important that you have the right team of lawyers expert in this area of law to guide you through the process. Otherwise, you may lose your case and fail to receive your benefits and entitlements.

At PK Simpson, we are a law firm with a track record of success, and we have a team of lawyers who specialise in TPD, so they know exactly how to submit your claim and succeed in getting you the maximum benefits you deserve.

Our PK Simpson law firm has a team of expert TPD lawyers who help Australians to claim their benefits – you’re in safe hands with our law team and we’re big on keeping our clients informed and supported throughout the TPD process. 

How Do I Know What to Look For in a TPD Law Team?

For a start, since the changes to superannuation law by the Federal Government, it’s important that you look for a team of expert lawyers who have studied the Protecting Your Super Package Act 2019 and are up to scratch with the new claims system. There is a lot to know, for instance, you may lose your cover if your employer isn’t making your superannuation contributions, or your account balance goes below $6,000. Seek immediate help from a law firm and financial advice if you are in this category.

Then choose a law firm such as PK Simpson to handle your TPD claim. You need a law firm such as ours with specialists who are well-versed in TPD assessment and definitions to support a TPD claim.

Accurate and thorough medical evidence is crucial to winning your case and ensuring you receive the highest level of benefits available. Our lawyers are highly experienced in handling TPD claims, and our team specialises in practising TPD only.

At PK Simpson, we pay for all medical reports and maximise your results! 

Our friendly team of expert TPD lawyers will look after you and investigate every superannuation fund you’ve ever joined to see if you can make more than one claim.

TPD Law Team

Our Recent TPD WIns

Our specialist TPD lawyers have a long list of wins after helping claim TPD. For example, some recent wins include an Ädelaide truck driver who couldn’t drive trucks due to a bad back. He received a full TPD payout from SA Super. A woman in Melbourne aged in her 40s who suffered psychological injuries won her full BT Super TPD benefit. Again in Adelaide, a council worker suffering from arthritis and a bad back won full TPD benefit from Caresuper. A disability support worker in Sydney made a claim on her First State Super TPD insurance and was granted more than $300,000, which was her full benefit. These and many more. Make sure your claim is counted among our wins!

If you have suffered an injury or illness that has affected your ability to work, our team of TPD law experts will help to identify whether you have insurance cover and may be able to act to access it and make a TPD claim for you. You can contact our PK Simpson superannuation insurance team by calling 1300 358 057, faxing (02) 92624497 or email enquiries@pksimpson.com.au.

Frequently Asked Questions

If you haven’t been able to work in your usual job for three to six months due to an injury or illness, you are likely to be classed as TPD.

Each superfund has their own TPD definition and this must be satisfied for the TPD claim to be approved. Common factors which are assessed in each claim are the members work history (education, training and experience), suitable jobs, and medical evidence.

Your TPD entitlements are set out in the contract (a.k.a. policy, or product disclosure document) you have with your insurer. Therefore, the definition of TPD will vary between policies and insurers.

Yes, you can have multiple TPD claims providing your insurance policies or super funds are independent of each other. Bear in mind that, unlike other personal injury claims, when you make a TPD claim, you do not have to prove that the illness or injury was work-related or caused by somebody else.

A successful TPD claim can never be 100 per cent guaranteed, but you are much more likely to win your claim if you contact a TPD specialist lawyer at PK Simpson to discuss your situation. There is a minimum level of evidence required to support your claim, which must be provided to your insurer and your super fund. This includes your claim form, a signed authority, certified ID, and two medical reports from your treating doctors showing that you can never return to work. These will need to be reviewed by a lawyer to ensure all the correct boxes are ticked, and that the evidence strongly supports your claim for TPD.

Often, terms and conditions specific to your policy need to be analysed in order to make sure the fund cannot decline your claim.

Superannuation funds will often require specialist reports. Superfunds do not pay for treatment throughout the claims process. However, PK Simpson pay for all medical reports needed to support your claim.

Yes, you can. People are now becoming more aware of depression and other mental illnesses, and while there’s a way to go before the stigma is lifted, we’re talking about it more often. Around one in four Australians suffer from a mental illness each year. However, insurers are wary of mental illness disability claims, and it can be quite hard to get cover. But what many people fail to recognise is that the automatic TPD insurance you have through your superannuation fund can pay out much-needed benefits and funds if you cannot work due to depression or any other mental illness.

Mental illness can often be a lingering side effect of a physical injury, even after full physical recovery.

Most claims are paid out and finalised within three to six months, but it all depends on how complicated the claim is, and how much good evidence you have about your injuries. There is also the matter of whether you fulfil all the criteria set by your insurer. This is why it’s crucial to have a specialist TPD team on your side when you make a claim for TPD for any reason.

As lawyers we will make sure your claim is assessed by the superfund in a timely manner. Delay tactics are deployed by funds to prolong and frustrate TPD claimants who are not legally represented.

Yes, you can. If you’re diagnosed with a serious cancer that has an impact on your ability to work, you may not realise you are entitled to claim insurance benefits through the insurance provided through your superannuation. These benefits may include income protection if your disablement is temporary, and TPD if your condition is long-term and serious. If your condition is terminal, you will be eligible for a terminal illness payment.

If you or anybody you know has ceased work due to illness or injury and they cannot return for at least six months they could be eligible to claim TPD benefits. Call PK Simpson specialist TPD lawyers today on 1300 358 057 or email inquiries@pksimpson.com.au.