Claiming TPD Insurance You Didn’t Know You Had

Did you know claiming TPD Insurance are not all the same and can differ from person to person? Not all TPD claims are the same. Even if your friend has been in a similar situation (or the exact same situation!) as you, it is very unlikely that your TPD claim will go the same way. The claims process as well as the length of the assessment of your claim are dependent on various circumstances such as your last day of work, your injuries or illness, the Super Fund/insurer you are with and whether this Super Fund/insurer is bound by the Financial Services Council Life Code.

The TPD definition you are being assessed against will be stated in the policy relevant to you. Policies can differ and therefore, it is absolutely imperative that you get your hands on the policy which applies to your last day of work and/or ‘date of disablement’.

Our TPD lawyers tailor the process and approach with the superfund/insurer based on your specific circumstances. What worked for your friend – may not work for you. Therefore, speak to our lawyers to see how we can help you and your particular situation.

Is TPD insurance worth it

In a nutshell, yes. TPD insurance is definitely worth it and here’s why.

Generally, the TPD definition most people are assessed against is that which considers whether a person’s injury or illness has rendered them unlikely to ever engage in their own occupation or any other occupation for which that person is suited by Education, Training or Experience (ETE). It is important to remember that an injury and/or illness includes one’s psychological condition. It is certainly the most common misconception that TPD claims are only for those suffering with a severe, physical injury. This is not true.

Some people are assessed against an Activities of Daily Living (ADL) Definition. This definition entails establishing that a person is unable to perform 2 or more (depending on the policy) ADLs i.e., dressing, feeding, bathing, toileting etc. The ADL definition differs policy to policy so again, it is important to obtain the policy relevant to you and/or ask the insurer to confirm what definition you are being assessed against.

This ADL definition will probably apply to you if you were injured or diagnosed with an illness whilst unemployed. Most firms will tell you that this definition is ‘hard’ and that your claim will likely be declined if you are being assessed against the ADL definition.

If you find out that you are being assessed against this unusual definition – call Schreuders for a free initial consultation.

Examples of TPD claims you didn’t know you could claim for

If you have changed jobs and/or have paid into multiple superfunds and are now off work due an injury or illness – you may be entitled to more than 1 TPD claim! Our lawyers can assist you with exploring all potential TPD benefits you may be entitled to and can most likely assist you with pursuing these claims concurrently. Here are some examples:

  1. Taylor Smith is a 50 year female who suffered a workplace injury in January 2019. At the time, she was working 3 jobs, paying into 3 different superfunds. When Taylor had initially contacted Schreuders, she was under the impression that we could only claim TPD through 1 superfund and naturally, she wanted to pursue the claim that had the greatest insured benefit ($200,000).

    To Taylor’s surprise, Schreuders successfully pursued 3 separate TPD claims against all 3 superfunds (concurrently!) and she walked out with over $400,000. Taylor is now focusing on her health, getting the treatment she desperately needed andb is able to support her 2 infant children.
  1. Hugo Kickit is a 32 year old male who was involved in a car accident in March 2022. He was the front-seat passenger of the vehicle. The driver was intoxicated – this was unknown to Hugo at the time. Thankfully, Hugo did not suffer serious physical injuries however, he was diagnosed with PTSD and major depressive disorder which rendered him unable to return to work as an interstate truck driver. Hugo instructed Schreuders to pursue his CTP and TPD claims.

    Our TPD team asked Hugo to perform a ‘super search’ on his MyGov account which revealed that he had 2 active superannuation accounts. Our team thereafter made the necessary preliminary enquiries with the superfunds and discovered that Hugo was insured for TPD (through both superfunds) as at his last day of work. Hugo did not even know he was still paying the premiums required to keep his insurance/s active! We are now assisting Hugo with both his TPD claims as well as the CTP claim, concurrently.

When can you claim TPD insurance

Although it is ideal to claim TPD soon after you have been certified unfit to return to work, there are absolutely no time limits to apply for TPD.

By engaging lawyers from the get-go, we can properly prepare your claim based on your specific situation and the definition you are being assessed against. We read the fine print and the 100s (or 1000s) of pages of clinical notes, which enables us to keep a look out and address (in advance) any potential bumps in the road allowing for your claim to be finalised in the shortest possible time frame.

If you engage us right from the start and we genuinely believe you have reasonable prospects of success, we are not afraid to litigate your matter if the assessment stage of your claim is taking too long or if the insurer is cherry picking its evidence.

If you have already lodged your TPD claim and it is not looking too positive, do not worry. We are here to help you and will do everything in our power to get your claim across the line.

TPD Claims Statistics

Based on a study by ASIC, the success rate of TPD claims are 80%. Our team are proud to say that we succeed with approximately 98% of TPD claims.

Claiming TPD Insurance – Claims Assessment

If you decide to instruct Schreuders, we will explore all your potential entitlements.

A lot of our clients now pursuing TPD claims had initially contacted Schreuders for some other personal injury matter such as medical negligence, a motor vehicle accident, a public liability matter, workers compensation etc. Whilst we assist them pursue their compensation claim, our TPD lawyers investigate any and all potential insurance claims by simply requesting for a copy of the client’s superannuation annual statement. Learn more about TPD claims in our claims guide.

This helps ascertain all potential entitlements the client may have. The relevant superannuation annual statement will not only identify your TPD insured sum but may also confirm any:

  • Income Protection
  • Terminal Illness and/or Early Release of Super claims you may be entitled to.

Terminal Illness Claims

If you are suffering with a Terminal Illness, our TPD lawyers can assist. In fact, with a ‘TPD approach’ to a Terminal Illness claim, our lawyers have produced turnaround times of an average 2-3 months. Generally, you can pursue a Terminal Illness claim or a TPD claim – not both. However, this may vary based on your policy. 

If we see you are entitled to a TPD benefit as well as Income Protection through your superfund/insurer – we can assist with both claims. Again, we simply require a copy of your most recent superannuation statement together with the statement issued at around the time you stopped work. The standard turnaround time for an Income Protection claim is 2-3 months. Once approved, you will be paid a percentage of your ‘pre-claim’ earnings – generally, on a monthly basis.

This claim is designed to help you with day-to-day living costs and has assisted many of our clients with getting back on their feet until their TPD claim resolves. On most occasions, an Income Protection claim will not impact your TPD claim. We will advise you if this may not be the case for you.

Contact Schreuders today for a TPD Insurance Claim

So, how do we do it? We have a clever process to get ETE and ADL matters across the line with the help of our panel of medico-legal specialists and expert barristers on Speed Dial. Most importantly, we aren’t afraid to litigate. We will commence your matter in Court if we are satisfied that there are reasonable prospects of success. We have assisted thousands of clients claiming TPD insurance successfully and confidently know our way through the claims process and the various types of definitions.

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