Total & Permanent Disability Lawyers Wollongong
Total & Permanent Disability Claims in Wollongong
If you’ve suffered a physical or psychological injury or illness that permanently prevents you from working in your usual job or any other suitable employment, you may be eligible to make a TPD claim.
Unlike other compensation claims, your injury or illness does not need to be work-related or caused by negligence. Conditions such as heart attacks, cancer, and other serious illnesses may qualify. In some cases, you can claim TPD benefits alongside other compensation claims, such as workers compensation.
To lodge a TPD claim, you must have TPD insurance coverage through your superannuation fund or an insurance policy. If your claim is denied by the superannuation trustee or insurer, you may still have options—but strict time limits apply for challenging their decision.
To understand your entitlements and next steps,
get in touch with our team today.
While time limits generally don’t apply to TPD claims, delays can impact how smoothly your claim progresses. The earlier we get involved, the better we can protect your rights and maximise your entitlements.
The TPD Claims Process...
Confirmation of Insurance & Work History
We review your work history to assess how your injury or illness affects your ability to work. We also examine your insurance policy to confirm coverage and entitlements
Gather medical evidence
We will have medical specialists assess your condition, treatment, and long-term prognosis to provide the necessary medical evidence for your claim
Claim Lodged
Once all required documentation is gathered, we submit your claim to the insurer and await their decision
Payout or Appeal
If your claim is approved, you will receive a lump sum payment. If it is denied, we can assist in lodging an appeal to challenge the decision and seek a fair outcome
Experienced TPD Compensation Lawyers in Wollongong
With over 40 years of combined legal experience, we have a strong track record in compensation claims, including TPD claims. We help individuals secure financial support when they can no longer work due to illness or injury.
We provide the expert legal guidance and strong representation you need to successfully navigate the TPD claims process and secure the financial support you’re entitled to through your superannuation or insurance policy.
Our personalised approach means you work directly with your solicitor — no delays, no confusion.
Our Clients Speak for Us
TPD Compensation Claim FAQs
What is TPD Insurance?
TPD insurance provides financial support if an injury or illness permanently prevents you from working. A successful claim results in a lump sum payout which helps cover living expenses, medical costs, and rehabilitation.
There are two main types of TPD cover:
- Own occupation – Covers you if you can no longer perform your specific job.
- Any occupation – Covers you if you are unable to work in any role suited to your experience, education, or training.
Most superannuation-based TPD policies cover any occupation, while private policies may offer own occupation cover.
What injuries and illnesses qualify for a TPD claim?
A wide range of physical and psychological conditions may qualify for a TPD claim. These include:
- Physical injuries – Loss of limb, paralysis, loss of speech or hearing, or spinal injuries.
- Mental health conditions – PTSD, depression, anxiety, schizophrenia.
- Chronic illnesses – Cancer, multiple sclerosis (MS), Parkinson’s, Alzheimer’s, stroke, COPD, heart attack.
If your condition prevents you from working permanently, you may be entitled to claim TPD benefits through superannuation or private insurance.
How long do I have to make a TPD claim?
There are no strict time limits for lodging a TPD claim. However, waiting too long may complicate the process, as medical records may be lost, evidence may be harder to gather, and insurers may be more likely to reject older claims. It’s best to start your claim as soon as your condition stabilises.
How do I check if my TPD policy has a time limit?
Some insurance policies include specific time limits for lodging a claim. To check:
- Review your insurance policy or superannuation fund documents.
- Look for clauses requiring claims to be made within a set period.
- Consult a TPD lawyer for expert advice on your entitlements.
If you’re unsure about the terms of your policy, our legal team can review your coverage and explain any time restrictions that may apply.
Can I appeal a rejected TPD claim?
Yes. If your TPD claim is denied, you have the right to appeal the decision. Time limits apply at each stage of the appeals process:
- Internal review – You usually have 21 days to appeal with your super fund or insurer. They must review the decision within 30-45 days.
- AFCA complaint – If the internal review is unsuccessful, you have 28 days to escalate your complaint to the Australian Financial Complaints Authority (AFCA).
- Court action – If AFCA rejects your claim, you have up to six years to file a claim in court.
Appeals can be a complex matter to attempt to navigate on your own, so seeking legal advice early can improve your chances of success.
What if I missed the TPD time limit?
If you’ve missed the deadline stated in your policy, you may still be able to make a claim. Courts can grant extensions based on:
- The reason for the delay (e.g., medical treatment, lack of awareness).
- How much time has passed since the deadline.
- Whether the insurer would be negatively impacted by accepting a late claim.
- The impact of denying the claim on your financial situation.
If you're outside the time limit, contact us as soon as possible to discuss your options.
How can a lawyer help with my TPD claim?
TPD claims involve complex policies, medical assessments, and insurer negotiations. Our total and permanent disability lawyers can help by:
- Interpreting your policy to confirm your entitlements.
- Gathering the right medical and employment evidence to strengthen your claim.
- Ensuring all deadlines, documentation, and insurer requirements are met.
- Handling appeals and negotiations if your claim is rejected.