Published 15 Mar 2016
Total and permanent disabilities (TPDs) are injuries or illnesses that can prevent you from working completely or, at least, stop you from taking roles for which you previously had the appropriate training, experience or skills.
It is not necessary to have developed the disability as a result of a workplace accident or incident, and TPD claims can be for physical or psychological ailments. Post-traumatic stress disorder is an example of a mental health problem that can be classified as a disability.
Fortunately, compensation is typically available for TPD sufferers through their superannuation fund or separate insurance policies. But what if you have TPD protection under more than one type of policy? Can you make multiple claims?
You'll be happy to learn the answer is often 'yes'. However, there are some factors to consider before pursuing claims. Here are a few questions you should ask yourself to ensure your cases have the best chance of success.
Are your policies up to date?
Most policies specify that your coverage must be in place on the date you ceased active employment. If you have TPD insurance across different policies, this stipulation should be met on all of them to secure separate compensation payouts.
Does your TPD fit the criteria?
The criteria defining TPDs is likely to be unique to each policy, although some may have similar wording and clauses. Nevertheless, your TPD will need to meet the definition of a disability on each individual policy for you to receive more than one set of damages.
Do I have the necessary doctors' reports?
You should have confirmation from your doctor that your injuries or illnesses qualify as TPDs before pursuing a claim. However, if your policies have different disability definitions, you may want to check that your medical practitioner's evaluation ticks all the boxes on each one.
Do I have the right lawyers?
Making multiple claims can be a complex process. It is not uncommon for insurers to reject payouts, so you could find yourself facing more than one big-name firm in court. Make sure you have qualified TPD claims lawyers on your side in the event that your case goes before a judge.
Whether you'd like to file one TPD claim or more, finding a no-win, no-fee firm will ensure you don't lose out financially in your search for compensation. If you want to learn more, please contact superannuation disputes lawyers at Gerard Malouf & Partners.