What can I do if I'm injured and unable to work?

Published 23 Aug 2016

Every superannuation fund individual policy varies in their definition of total permanent disability (TPD) and the requirements which must be met in order to qualify for a benefit. For a fund member to qualify as TPD they must:

  • Be incapable of working because of illness or injury.
  • They must reasonably qualified by education, training or experience to work in the field.
  • Be under 65 on the date they ceased active employment.
  • Have a TPD insurance policy in place on the date they ceased active employment.

When someone is unable to work due to illness or injury, and meet the aforementioned criteria, they should receive a lump sum payment, as well as the early release of any superannuation they've already accumulated.

What qualifies as a TPD claim?

Temporary disability benefits are paid to workers who are unable to work as they recover from any injuries sustained at work, or while making the commute to or from work. One big factor that needs to be established when understanding what constitutes a TPD claim is the period of time you're affected and cannot work. They can be declared permanently or totally disabled if they are suffering from a serious injury for more than six months continuously.

Generally, they have to prove that you cannot work at all even though you have the skills. It is simple. You will be required to fill a claim form to understand whether you actually qualify for a TPD. You will also be required to submit a doctor's report as well. With our qualified and competent barristers and solicitors, we shall then help lodge your TPD claim.

Why do I need to contact an injury specialist lawyer?

When you make TPD claim, the last thing an insurance company wants to do is give you a significant payment, even if you are entitled to it. Constructive denial is just one of the tactics employed by insurers as they look to reduce or deny your disability coverage entirely. This is where the insurance company will dispute the information you have provided in support of your claim.

Gerard Malouf & Partners Superannuation Lawyers is a NSW Accredited Personal Injury Specialist firmthat handles TPD claims. Gerard Malouf is a NSW Accredited TPD claims lawyer with over 30 years of experience in dealing with compensation &  insurance law matters.

We know what you need to do to have a successful claim, so get in touch today.

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