There is a misconception that claiming Total and Permanent Disability (TPD) compensation is a straightforward process, however, preparing a TPD claim requires the inclusion of detailed information, substantial evidence and submissions and dealing with insurers who have plenty of experience defending claims.
Starting a TPD claim can be overwhelming and confusing as this area of law is complex. This is why you should seek legal advice from an experienced lawyer.
- What is considered a TPD?
TPD is a term used by insurers, superannuation funds and the legal profession, to describe a sickness or injury that prevents a person from working in their occupation. For example, an accountant who is no longer able to work due to psychological injury, or a carpenter who has had back surgery and can no longer work.
TPD compensation is a lump sum payment for those who have sustained permanent disability and are unable to work. Most insurers have specific requirements a person has to meet to be able to claim TPD and these requirements can vary between different insurers.
- When can I make a TPD claim?
Your entitlement to make a TPD claim depends on the requirements set out by your insurer or super fund.
Criteria varies between insurers, but some common requirements for making a claim can include:
- Demonstrating your level of disability by proving you are suffering a minimum level of disability, including your ability to return to your previous employment.
- That you are unable to work in any other type of occupation to which you are suited by your education, training or experience.
- Waiting periods- most policies require a waiting period as this allows for all injuries and symptoms to stabilise so the full extent of damage can be assessed.
- Understanding the Claims Process
Navigating a TPD claims process can be overwhelming, especially if you’re not familiar with the legal requirements and documentation needed.
Lawyers who specialize in TPD claims understand the entire claims process from start to finish. They can guide you through each step, ensuring that you meet all deadlines, gather the necessary evidence and complete the required paperwork accurately.
- Maximizing Your Claim’s Value
A lawyer can help you maximize the value of your TPD claim. They will thoroughly evaluate your case, review medical records and reports. By working with a lawyer, you have a better chance of obtaining fair and just compensation for your permanent disability.
- Dealing with Insurance Companies
Insurance companies are known for employing various tactics to minimize their payouts. Having a lawyer on your side can level the playing field. Experienced lawyers are skilled negotiators who can advocate for your rights and interests. They will handle all communication and negotiation with the insurance company, ensuring that your claim is taken seriously and not undervalued.
- Peace of Mind
Dealing with a TPD claim can be incredibly stressful, especially when you’re already coping with a disability or illness. By instructing a lawyer, you can focus on your recovery and well-being while knowing that your legal matters are being handled by a professional. Your lawyer will shoulder the legal burdens, providing you with peace of mind during this challenging time.
Conclusion
Preparing a TPD claim is a complex area of law and entitlement to claim TPD is not a one size fits all approach. Whether you are entitled to claim TPD will depend on your particular situation.
A TPD claim requires a substantial amount of information and evidence gathering. To ensure you have included everything you need in your claim seek help from an experienced lawyer. This will ensure your claim is completed properly at first instance, which can save you time, money and stress. It can also ensure that you are not placed at a disadvantage in dealing with insurers who are experienced in defending TPD claims.
Enlisting the services of a knowledgeable lawyer can significantly benefit you as they will guide you through the claims process, maximize the value of your claim, deal with insurance companies and give you peace of mind throughout the entire process. By seeking professional legal assistance, you improve your chances of a successful TPD claim and ensure that your rights are protected.
If you or someone you know wants more information or needs help or advice, please contact Rita Palazzolo on 0404 09 33 74 or email rita@rplawyer.com.au