Can I still make a TPD claim if an accident or illness is my fault?

Published 25 Jul 2017

The amount of money someone receives in compensation or benefits can often be affected by whether or not the person making the claim was at fault for the accident, injury or illness that occurred.

For instance, drivers who are to blame for car crashes are rarely eligible to receive a payout for their injuries, while plaintiffs for public liability claims may find their compensation is reduced if contributory negligence is a factor.

But what about total and permanent disability (TPD) cases? Can you still receive benefits for injuries or illnesses that could be considered your fault?

Let's take a closer look at how TPDs are assessed and whether negligence is considered a factor.

Making a TPD claim

TPD insurance is designed to cover you for any permanent disability you suffer that prevents you from returning to the workplace or, alternatively, stops you from performing a job you were previously able to do.

Your injury or illness does not have to result from an incident at work, and you may be able to receive TPD benefits in addition to any compensation that arises out of a liability claim.

As an example, if you suffer a serious injury after slipping and falling on a wet floor in a supermarket, you could be entitled to damages through a public liability claim, as well as a TPD payout for ongoing disabilities.

The good news for claimants is that contributory negligence is not an issue in TPD claims. In other words, you can receive benefits for a disability regardless of whether or not you are to blame for your injuries or illness.

Furthermore, there is no need to prove that a third-party was responsible or that negligence occurred at all. As long as you meet the eligibility criteria within your TPD policy, you should be able to successfully pursue a claim.

An example case

Gerard Malouf & Partners Superannuation Lawyers recently argued a case wherein the plaintiff was making a TPD claim for the symptoms of a brain condition that resulted from his prior substance abuse.

The symptoms he suffered from drug use prevented him from returning to the workplace, but we were able to secure him a lump sum payment of $400,000 from his superannuation fund for financial support.

Please contact us today to see whether or not you are eligible to make a no-win, no-fee claim against your super for permanent disabilities, income protection or critical illnesses.

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