TPD Claims Resulting From Car Accidents and Work Accidents
Do you have an active CTP claim from a car accident or a Workers’ Compensation claim anywhere in Australia? You might also be eligible for a Total and Permanent Disability (TPD) claim through your superannuation. PK Simpson can help investigate.
Then your lawyer should also have opened or investigated a superannuation TPD claim (Total and Permanent Disability) on your behalf. If he/she hasn’t, then you could be missing out on an extremely valuable benefit provided to injured or ill people Australia wide.
Few people realise they can usually begin TPD claims even while they have a case in progress for workers compensation or a compensation case due to a vehicle accident. The time limits for lodging TPD claims are very different from workers compensation and other forms of compensation. The good news is that you are very likely to be able to make TPD claims even if you ceased working 10 years ago.
Your Super fund account has a TPD insurance benefit for members and is paid out if you prove you cannot return to any kind of job for which you are experienced, trained, or educated.
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TPD / Car Accident at Work Example Case Study
John (not his real name), a 37-year-old labourer, had a car accident in mid-2018. John was employed as a builder/labourer and had his own ABN due to the nature of his work. One day, whilst driving to work in Sydney, John was involved in a car accident. His car was rear-ended and violently smashed into the car in front of him at a set of traffic lights. The car was a ride write-off. The police and ambulance turned up but no one was taken away in an ambulance. Like many car crash victims, John still managed to make it to work that day.
John was feeling a little sore and as his supervisor was aware of the car accident, recommended he do light duties and attend to traffic control on the site. It wasn’t until later that day that John began to feel the effects of the car accident on his back and neck. John left work early that day and attended his GP. The GP mentioned that John should contact a car accident lawyer and referred him to PK Simpson.
After a few scans, it became apparent that John had suffered injuries to his lower back, specifically the L5 region as well as nerve damage and nerve pain travelling down both hips and legs. John was also suffering from depression and anxiety due to the nature of the injury and the impact of it on his daily life.
John’s Superannuation / TPD Claims
Not long after John’s CTP claim was afoot, his solicitor investigated a superannuation TPD claim as John had not returned to work, apart from a few attempts at light duties. John said he had a Super fund but had no idea if he had that sort of insurance and also said he had very little Super in his account balance. A TPD solicitor from PK Simpson contacted John and soon had everything necessary to commence a TPD claim with his superannuation fund who turned out to be CBUS Super. John had TPD cover of $145,000. It was also explained to John that regardless of his account balance, he would be covered as long as the account was active at the time of the accident.
TPD insurance is a benefit within superannuation funds which is paid out to members when they can prove they cannot return to any form of work for which they are educated, trained or experienced.
CBUS Super is a superannuation fund used predominantly by people in the building industry and we have made many, many TPD claims against them.
John had been off work for the required 6 months to enable a TPD claim to be pursued. Special medical reports were obtained by his solicitors which unequivocally proved that due to his injuries, it was unlikely John would be returning to any form of manual labour employment. This was the only type of work John had done his entire life. Although they tried to fight the claim, CBUS Super soon had no choice but to approve the TPD claim based on the strong evidence PK Simpson provided. John was paid out a lump sum of $145,000. The TPD claim was finalised before his CTP claim which was extremely pleasing to John.
You’re in good hands with us, so let us handle everything and make your experience with your Superfund a stress-free one with PK Simpson TPD Claim solicitors.
John’s NSW CTP Claim
Under the new NSW CTP laws, John had to wait the required time frame before finalising and settling the claim. By having PK Simpson involved early on, John had all the necessary medical treatment and reports to support his CTP claim against Allianz Insurance. The car accident claim was finalised shortly after the TPD claim resulting in over $450,000 being awarded to John as a result of his injuries, both physical and psychological, suffered in the car accident
Read More: Non-Minor Injury Car Accident & CTP Claims in NSW
Superannuation/TPD and Compensation Solicitors in Australia
Most firms in Australia have very little experience in Super TPD claims and therefore will not be aware of when a client is eligible, especially when they are caught up in the legal intricacies of a workers compensation claim. And many Australians who have had a compensation claim will often never return to work but have not been informed of their superannuation benefits. With the right advice and guidance, many people who have had an accident and remain off work can make successful TPD claims.
For many people, a TPD benefit payout can often amount to more than what they receive for a workers compensation claim, CTP claim or negligence claim.
PK Simpson Superannuation & TPD Lawyers are experts in superannuation law and their sole job is to help people, Australia wide, claim TPD benefits.
PK Simpson TPD Lawyers and solicitors are contacted by injured and/or ill people from every state and territory in Australia.
TPD Claims Assessment Process & Requirements
There are a few TPD claim requirements that need to be met before a claimant is deemed eligible, but the different insurers and policies have their explicit criteria so check with your insurer before claiming.
The TPD assessment process aims to discover whether or not your disability is total and permanent and if you are likely to return to the same kind of work you had before your disablement. You must also meet whatever waiting time is necessary in your case, and you must have been employed for the past year before the claim and in a full-time capacity working a set number of hours.
Another set of likely conditions you must meet involve loss of independence. For instance, you must prove that you cannot accomplish two to three daily activities such as showering or bathing yourself, using the toilet, cooking or cleaning chores. You also must prove you are following medical advice and accepting ongoing medical and rehabilitation care.
TPD Claims Processing Time
The TPD claims process, whether for injuries suffered in car accidents or work accidents, stress or psychological damage, etc. can be very lengthy, and that’s because insurance companies don’t want to grant a lump sum until they are sure a disability is total and permanent. This is why you need expert TPD solicitors such as the experts at PK Simpson on your side.
Typical TPD claims should only take two to three months to complete. More complicated claims could go on for six months or more, but in very difficult cases, it could take years to get a TPD claim approved and settled.
Frequently Asked Questions
Yes, you can. If you’re diagnosed with a serious cancer that has an impact on your ability to work, you may not realise you are entitled to claim insurance benefits through the insurance provided through your superannuation. These benefits may include income protection if your disablement is temporary, and TPD if your condition is long-term and serious. If your condition is terminal, you will be eligible for a terminal illness payment.
Yes, you can. People are now becoming more aware of depression and other mental illnesses, and while there’s a way to go before the stigma is lifted, we’re talking about it more often. Around one in four Australians suffer from a mental illness each year. However, insurers are wary of mental illness disability claims, and it can be quite hard to get cover. But what many people fail to recognise is that the automatic TPD insurance you have through your superannuation fund can pay out much-needed benefits and funds if you cannot work due to depression or any other mental illness.
Mental illness can often be a lingering side effect of a physical injury, even after full physical recovery.
Yes, you can have multiple TPD claims providing your insurance policies or super funds are independent of each other. Bear in mind that, unlike other personal injury claims, when you make a TPD claim, you do not have to prove that the illness or injury was work-related or caused by somebody else.
A successful TPD claim can never be 100 per cent guaranteed, but you are much more likely to win your claim if you contact a TPD specialist lawyer at PK Simpson to discuss your situation. There is a minimum level of evidence required to support your claim, which must be provided to your insurer and your super fund. This includes your claim form, a signed authority, certified ID, and two medical reports from your treating doctors showing that you can never return to work. These will need to be reviewed by a lawyer to ensure all the correct boxes are ticked, and that the evidence strongly supports your claim for TPD.
Often, terms and conditions specific to your policy need to be analysed in order to make sure the fund cannot decline your claim.
Superannuation funds will often require specialist reports. Superfunds do not pay for treatment throughout the claims process. However, PK Simpson pay for all medical reports needed to support your claim.
Most claims are paid out and finalised within three to six months, but it all depends on how complicated the claim is, and how much good evidence you have about your injuries. There is also the matter of whether you fulfil all the criteria set by your insurer. This is why it’s crucial to have a specialist TPD team on your side when you make a claim for TPD for any reason.
As lawyers we will make sure your claim is assessed by the superfund in a timely manner. Delay tactics are deployed by funds to prolong and frustrate TPD claimants who are not legally represented.
If you haven’t been able to work in your usual job for three to six months due to an injury or illness, you are likely to be classed as TPD.
Each superfund has their own TPD definition and this must be satisfied for the TPD claim to be approved. Common factors which are assessed in each claim are the members work history (education, training and experience), suitable jobs, and medical evidence.
Your TPD entitlements are set out in the contract (a.k.a. policy, or product disclosure document) you have with your insurer. Therefore, the definition of TPD will vary between policies and insurers.