Total & Permanent Disability

Can you work after a TPD claim?

By LHD Lawyers

Total and permanent disability (TPD) insurance claims pay you either a lump sum or regular TPD payments based on the concept that you are unlikely to be able to work again. However, never working again can be a very daunting notion and a lot of people consider going back to work after TPD claims.

But is working after claiming TPD even possible? And under what circumstances can someone who has made a TPD claim return to work?

Going back to work after making a TPD claim can impact on your claim unless you meet certain requirements to do with your injuries, ability to perform daily living tasks and your employers return to work policy. Many people however, who have been deemed to have total and permanent disability work after TPD claims.

Things to look into before going back to work after TPD claims

Before going back to work after TPD claims you will need to closely examine your TPD insurance policy, as the definition of TPD and the requirements for it vary from policy to policy, this is when having an experienced TPD lawyer by your side can be helpful, as they can assist you in wading through the legal terminology and details of your policy. With their help, you may be able to have both made a TPD claim and returned to work, after considering a variety of factors including medical advances, your inability to perform daily tasks, the extent of your injuries and your capacity to retrain for a new career.

1. Medical advances

One of the requirements of many TPD claims is that you have engaged in rehabilitation for a time period set by your insurance policy. While older rehabilitation methods may not have helped manage your injury or illness, new therapies, medicines and rehab techniques may have been pioneered since you first made your TPD claim. These new therapies may reduce your symptoms or lessen your pain, allowing you to return to work in some capacity. In order to start working after TPD claims, this work may need to be different to the type of work you did before you made your TPD claim, this could mean you work in a different role or a different industry to where you previously worked.

2. The performance of Activities of Daily Living (ADL)

You may have made your TPD claim based on injuries which caused you to be unable to complete daily acts of living, the definition of these varies from policy to policy, so again, you will need to be well versed in the terminology of these. However these activities of daily living usually include bathing or showering yourself, using the bathroom, feeding yourself, dressing yourself and being mobile (walking and moving around). You can work after a TPD claim if you are still unable to complete at least two of these tasks, without an impact on your TPD claim.

3. The inability to use your limbs or see

While it varies between policies, one common definition of TPD injuries is the loss of limbs and/or your eyesight. This can mean you have lost both legs, both arms, an arm and a leg or you are now legally blind. Provided you have suffered these injuries, you may be able to continue working after TPD claims have been made without it affecting the TPD claim you’ve made. Again, to avoid losing any claims you’ve made, it is best to consult with a TPD insurance professional, like the lawyers at LHD, in order to confirm that you can make a TPD claim and return to work.

4. Retraining in a new field

One of the definitions of TPD according to many policies is the inability for the affected person to no longer work in a role or industry that utilises their expertise and education. You may be able to begin working after claiming TPD if you retrain and work in a different industry. For example, if you were trained as a tradesperson and suffered a TPD injury which resulted in the loss of your sight, you can no longer work in the trade in which you are qualified. You may however, be able to study and retrain as a teacher and go back to work after a TPD claim in a new field to what you worked in before.

While it can be tricky to make a TPD claim and return to work, it is possible. Consulting with a TPD lawyer can help guide you through the process and assist you in both claiming the entitlements of your TPD claim, and return to work. Explore our recent client TPD winscontact us today or call  1800 455 725 to arrange a consultation.

Author: Khushboo Kang

Original Publish Date: October 6, 2020

Last Updated: March 7, 2024

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