How is a TPD categorised for compensation purposes?
Published 02 Jun 2015
Total permanent disability usually means that a person is left unable to work as a result of their physical condition which can lead to significant financial strain for the individual along with anyone else who is financially dependent on them.
Understanding exactly what constitutes a total permanent disability is the first step towards deciding whether you’re likely to be awarded compensation.
Check the terms of your superannuation fund
It’s important to remember that every superannuation provider will offer their own definition of a TPD, so it is well worth checking the terms and conditions of your account.
However, there is some general criteria that your case will be assessed against. For example, you must be incapable of working as a result of illness of injury. In the instance of seeking compensation, this includes any profession for which you have the necessary qualifications or experience to fulfil.
As a result of your TPD claim, you must no longer be able to go to work and be under the age of 65 at the time when your employment came to an end. Another essential point is that you must have had an insurance policy under your name at the time when your working life ended.
Other factors taken into consideration
In addition to these areas, other aspects of your working life will also be considered. Your TPD claim will be assessed in relation to conditions in the wider labour market, as well as what transferrable skills you might have that could come in useful in a different role.
Further to this, the likelihood of you ever finding future employment as a result of your disability will be put under the spotlight.
In some cases, the claimant may be able to take on a new role if they undergo extra training or further education. It is in these situations that they are likely to not be awarded the compensation they expected.
Non-work related disabilities
One misconception surrounding TPD claims is that they have to be linked to your job profession. In fact many people have pursued compensation as a result of conditions such as cancer, heart attack and mental illness that have nothing to do with their day to day jobs.
The fact is that if a disability prevents you from being able to work then you should be able to make a TPD claim. Speak with our experienced team of superannuation lawyers to get your case managed to a sucessful conclusion.