LHD News Total & Permanent Disability
How to Win a TPD Claim
Experiencing a TPD injury, whether it is a physical injury like the loss of a limb, deafness or a heart attack, or a mental illness like depression or anxiety, is life changing. And it can be even more life changing if you are unable to make successful TPD claims and ensure you are financially comfortable in your new life. Due to this it is important to understand how to win a TPD claim. Successful TPD claims go through the following steps.
Step 1: Have a thorough understanding of your policy
Like all TPD injuries are different, so too are most TPD policies. It is important to have a thorough understanding of your policy in order to win a TPD claim. One of the main reasons you might not win a TPD claim is that the definitions of TPD and the allowances made by policies can vary so greatly, so understanding your policy is key to making successful TPD claims. Those who lodge successful TPD claims have a good grasp on the following variations in TPD policies:
- The length of wait times from policy to policy. For example, you may not be able to receive payments for up to three months after your illness, accident or injury
- Some policies may require you to be receiving ongoing treatment from a specialist as well as attending some sort of rehabilitation
- Some policies do not cover pre-existing conditions, so you may be excluded from winning a TPD claim if you had the condition before you signed your policy
Step 2: Be aware of eligibility requirements
If you are experiencing a TPD injury, it may be incredibly daunting dealing with your injuries, your altered life and then having to wade through paperwork and legal processes in order to make a TPD claim. The key to successful TPD claims is being well versed in your eligibility requirements, the stipulations of your policy and the process to follow. For this reason, having an expert TPD lawyer to assist you in the process can lead you to winning a TPD claim you may well have lost otherwise. A TPD expert deals with successful TPD claims every day and can ensure you satisfy the conditions set out in your superannuation policy in order to win a TPD claim, LHD’s lawyers are no win no fee lawyers, so unless you win a TPD claim you won’t need to pay our fees.
Step 3: Prove your total permanent disability status
The five things you will need to prove in order to win a TPD claim are:
- Your level of disability: in order to win a TPD claim you need to show the level of disability you have suffered and whether it stops you from returning to your previous occupation or any form of employment in the future. Claims assessors will also assess whether you have lost limbs, parts of limbs or senses such as eyesight or hearing.
- The cover provided by your superannuation: successful TPD claims discern between “any occupation” or “own occupation” cover. If you are only covered for “any occupation” you will need to prove you can no longer complete any occupation at your lowest skill set, which can be very difficult to prove. “Own occupation” cover however, covers you in the case that your injury or illness stops you from completing work only in your particular occupation or specific role, which is much easier to prove.
- Your minimum work history: to win a TPD claim you will need to have worked in your role for a minimum of 12 month, show whether you were part time or full time, and the amount of hours you had worked when you were injured. These sorts of things can be proven with contracts, time sheets and work diaries.
- Your inability to perform tasks: successful TPD claims are made with policies that require you to prove whether or not you can still complete day to day living tasks such as walking, bathing and maintaining a house
- Ongoing medical attention: successful TPD claims prove there is a need for ongoing medical treatment due to the effects of your illness or injury, this could be ongoing psychological appointments in the case of a TPD mental illness or rehabilitation for the loss of a limb or other physical injury
It is important to understand how to win a TPD claim in order to make successful TPD claims and gain the entitlements you need to get your life back on track after a debilitating injury. Our TPD lawyers are here to assist you with any TPD insurance claim questions and to support you through this difficult and life altering time in your life.