Making a TPD claim? We’re here to help
Our dedicated legal team can help you make a claim and access benefits through your super fund. If you’ve been injured and unable to work, you may be able to access the insurance attached to your superannuation fund.
Frequently asked questions
Yes, waiting periods apply before a claim can be lodged with your super fund. Depending on your fund, the waiting limit can be 3 or 6 months from the date of your disability.
It can vary, but it typically takes 6 to18 months for a decision on a Total and Permanent Disability claim to be made.
We offer No Win, No Fee which means you won’t be charged legal fees unless we win your case. However, this doesn’t include external costs like medical reports, court filings fees, third party costs orders, or disbursements. Disbursements are minimal on superannuation insurance cases and can range from $500 to $1000. Other options are available to assist you with these costs as well.
Our experienced and caring lawyers can review and assist you in challenging the fund or insurers decision by requesting an internal review or if necessary, by taking court action on your behalf. Strict time limits may apply to TPD decisions, so you should contact us for advice as soon as possible.
No, the benefit comes from a separate insurance policy attached to your super fund. The money you receive doesn’t come out of the funds you've worked hard to earn for your retirement.
If you have multiple superannuation policies with different funds, you may be able to lodge separate claims with each fund or insurer.
Each case is unique, and the process may vary depending on your insurer. But no matter how your case progresses, you can be assured that you'll have an experienced lawyer on your side.
Learn more about Superannuation and Insurance claims process
No, with superannuation claims it’s not necessary to prove negligence as the cause of your injury or illness. However, you do have to meet eligibility criteria. Speaking to a lawyer can help you understand whether you meet eligibility requirements.
Types of injury and illness for a TPD claim
Each fund will have different definitions of injury or illness, so it’s important to check your policy.
Here are just some examples of types of injuries that may be covered:
Musculoskeletal injuries and chronic pain conditions (like back, shoulder, and neck injuries)
Neurological conditions and brain injuries (like traumatic brain injuries, strokes, neurodegenerative conditions)
Cardiovascular and respiratory conditions (like heart attacks, chronic lung diseases, coronary artery diseases)
Metabolic and endocrine conditions (like diabetes, obesity-related conditions, thyroid disorders)
Mental health conditions (like depression, anxiety, PTSD)
Serious injuries from accidents
Cancer and other systemic illnesses
Other chronic and complex conditions
If you’re unsure of what you may be covered for, it helps to seek legal advice to learn about your options.
Am I eligible to make TPD claim?
If you've suffered an injury or ongoing illness that stops you from working in your usual role or in any other related job you’re suited for, you may be eligible to make a TPD claim. Your injury or illness doesn’t have to be work-related for you to make a claim.
Some superannuation TPD policies will pay a TPD benefit if:
You had TPD insurance cover included as part of your superannuation or have a private policy at the time you had to stop working
You are unable to return to your 'usual' duties but are now working in a different occupation.
Whether you can make a TPD claim for a superannuation disability benefit will depend on a number of factors - particularly, whether this insurance cover is provided through your super fund or attached to your super fund.
Your entitlements
Benefits can vary depending on the policy terms of your super fund.
You may be entitled to the following benefits under your superannuation:
A monthly income payment
A lump sum payment from one or more super funds
Check if you're eligible for a Super claim
Find out if you're eligible to make a claim. Your online check only takes 3 minutes.
How we can help
Your first appointment with us is obligation free. Our experienced team will carefully assess your circumstances, explain your eligibility, and provide clear expectations and recommendations about your options so you can feel informed and at ease. As funds and insurers increasingly make it difficult for members to access the insurance benefits they are legally entitled to, having our experts represent you means you will have a dedicated team working hard to minimise delays, cut through unnecessary requests, and hold insurers accountable.
Beyond our legal expertise, we have other ways to support you through this difficult time.
We are the original No Win, No Fee* Superannuation & TPD lawyers
This means that if you don’t win, you don’t pay the fees for the work we do on your case.
Meet your TPD lawyers
Our experienced team will work closely with you to help achieve a positive outcome. Together, our wealth of knowledge will be put to use in fighting for the best outcome possible for you.
