Total and Permanent Disability Claims (TPD)

Income Protection Claims

If you have had an insurance claim rejected, your benefits not paid in full or if you’re having difficulty with your insurer, the team at Optimum Legal are here to help you claim what is yours. Our team of experts will fight to ensure you receive all your illness, accident and unforeseen occurrence benefits in your insurance policy.

If you are unable to work due to an illness or disability, you may be able to claim a lump sum insurance payout from your superannuation. This is in addition to your account balance, and your illness or injury does not have to be work related. The Team at Optimum Legal will examine your policy and help you obtain total and permanent disability (TPD) benefits, income protection benefits, terminal illness benefits, and death benefits.

Commonly asked Questions

TPD is payable for permanent disability, whereas Income Protection covers you for temporary disability. If you are unable to work for a short period of time, say after surgery or when recovering from a serious illness or injury. In most cases Income Protection only lasts for two years and will not be paid if it is determined that the person’s condition makes it unlikely that they will ever return to work. This is where TPD comes in.

In most cases you cannot receive Income Protection and TPD (there are some exceptions depending on your super fund).

Anyone who has TPD insurance and is unable to return to work by reason of illness or injury can make a claim. You can claim with any type of injury or illness it does not have to have been caused through the negligence of a third party or be work related.

The decision to pay a TPD benefit is based upon evidence that you will never return to work in any job for which you have the education, training or experience. This means that you will be unable to return to any role that you have worked in the past. For example, if you have been a labourer all your life but due to an injury or illness are now only able to work in an office role, you may still be entitled to a TPD benefit.

The process involves completion of various claim forms and documents which are lodged with the Insurer for assessment of your claim.  The forms are supported by certificates / reports from your treating doctor / medical specialists.  In some cases it may be necessary to have you examined by an independent medical specialist for a further opinion in support of your claim.

Most claims take between 6 to 9 months to complete but this is dependent on the insurer. The exact length of a claim will vary depending upon the complexities of each individual case.

Other Areas of Law

Motor Vehicle Accident Claims

If you have been injured in an accident whilst operating a car, truck, motorcycle or any other motor vehicle you may be able to bring a claim for compensation.

Workers’ Compensation Claims

If an injured workers statutory Workers’ Compensation claim is rejected and the worker does not successfully overturn the Decision to reject the Application

Public Liability Claims

Claims for compensation arising out of incidents which occur in the public arena are regulated by the Personal Injuries Proceedings Act 2002 (“PIPA”).

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