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Personal Injury & Compensation · Sydney
If illness or injury prevents you from working, we help you understand your TPD insurance, prepare your claim and respond to insurer decisions.
Free first consultation · No Win No Fee for eligible matters
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Learn more →A TPD claim starts with the insurance contract. We check whether cover applied at the relevant time, which disability definition governs the claim, and how your medical and work evidence addresses that definition. A diagnosis or inability to do your former job does not, by itself, establish entitlement.
If illness or injury has stopped you working, you may have a total and permanent disability (TPD) insurance claim. Our Sydney TPD lawyers can review your cover, explain the policy requirements and help you prepare the evidence for your claim.
TPD cover may be held through superannuation or a separate insurance policy. A super account alone does not establish cover, and each policy defines eligibility differently. The insurance decision and access to money held in superannuation are separate questions.
Book a free consultation. Bring your super or insurance details, policy documents if available, medical information, work history and any insurer decision. If you do not have the policy, we can discuss how to obtain it.
Related guidance: TPD and superannuation claims · Income protection claims · Workers compensation · CTP claims. Each claim type has its own requirements.
A Total and Permanent Disability claim is an insurance claim under TPD cover held through a superannuation fund or outside super.
TPD claims are designed to provide financial support where a person is unable to return to work due to illness or injury. Unlike income protection claims, which provide ongoing payments, a TPD claim results in a lump sum payment if the claim is successful.
These claims can arise from workplace injuries, motor vehicle accidents or medical conditions that develop over time.
TPD cover may be held through a superannuation fund. Check that insurance was in force at the relevant time; having a super account does not establish that you held TPD cover.
TPD claims through superannuation in Sydney may provide significant financial support depending on the terms of your policy. The amount payable will vary based on your level of cover and the conditions of your insurance.
Because policies differ between funds, it is important to review your specific policy to understand your entitlements.
TPD eligibility depends on the insurance policy that applied when your disability arose, including the definition of disability, cover dates, exclusions and any waiting period. Cover may be held through superannuation or outside it.
An “any occupation” definition generally considers whether you are unlikely to work again in an occupation reasonably suited to your education, training or experience. An “own occupation” definition focuses on your particular occupation and is usually available outside superannuation. Some policies instead apply tests involving daily activities or other functional abilities.
Being unable to return to your previous job does not, by itself, establish entitlement under every policy. Medical and vocational evidence must address the wording that applies to your cover.
We can review the relevant policy and explain the evidence and claim requirements. Approval of insurance held in superannuation and release of the money from the fund are separate matters.
You may be entitled to a TPD claim if a serious physical injury prevents you from returning to work.
These claims often involve conditions such as spinal injuries, severe back injuries, neurological conditions and chronic pain. The key issue is whether your condition prevents you from working in accordance with your policy definition.
Because these claims require detailed medical evidence, it is important that they are properly prepared and supported.
You may also be eligible to make a TPD claim if you are unable to work due to a mental health condition.
Conditions such as depression, anxiety and post traumatic stress disorder can significantly impact a person’s ability to return to employment. If your condition prevents you from working, you may be entitled to make a claim through your superannuation.
Mental health TPD claims often require detailed medical reports from treating practitioners and specialists. Obtaining early advice can help ensure your claim is properly documented.
A successful TPD claim results in a lump sum payment.
This payment may assist with living expenses, medical treatment, debt reduction and future financial needs where you are unable to work. The amount payable will depend on your level of cover and the terms of your policy.
Because TPD claims involve significant financial outcomes, it is important that your claim is properly prepared and supported.
Making a TPD claim involves gathering medical evidence, employment records and documentation required by your insurer.
The insurer will assess your claim based on your condition and whether you meet the definition of disability under your policy. This process can be complex and may involve multiple stages of review.
Obtaining legal advice early can help ensure your claim is properly prepared and that all necessary evidence is provided.
In some cases, TPD claims may be delayed, disputed or declined by insurers.
Disputes can arise regarding whether you meet the policy definition, the medical evidence supporting your claim or your capacity to work. These matters often require careful legal and medical assessment.
An experienced TPD claim lawyer in Sydney can assist in reviewing your claim, obtaining further evidence and challenging decisions where necessary.
You are not required to have a lawyer to make a TPD claim, however these claims can be complex and involve detailed policy interpretation and medical evidence.
An experienced TPD lawyer in Sydney can assist in reviewing your superannuation policy, preparing your claim and managing communication with insurers. Legal support can also be important in resolving disputes and ensuring your entitlements are properly assessed.
Having the right advice can make a significant difference to the outcome of your claim.
At Stephen Young Lawyers, we provide clear and practical advice while managing your claim from beginning to end.
We assist clients across Sydney and throughout NSW with total and permanent disability claims through superannuation. Our team works to ensure your matter progresses efficiently while protecting your rights and entitlements.
TPD insurance can be held through super or separately. Cover is not automatic for every fund member. Definitions may assess your own occupation, work suited to your education, training or experience, or specified daily activities. Own-occupation cover is usually available outside super. The applicable policy wording, exclusions and assessment date matter.
Bring the documents you already have. We can identify gaps and discuss how to obtain relevant evidence without asking you to reconstruct every record before the first consultation.
Obtain the written reasons and compare them with the policy and evidence. A complaint can be made to the fund or insurer; an unresolved dispute may fall within AFCA’s jurisdiction. Special time limits apply to disability complaints about superannuation, so do not assume there is one universal deadline or that further correspondence stops time running.
Where insurance proceeds are paid into super, the fund must also consider the applicable condition of release. Insurance approval should not be treated as a promise of immediate withdrawal. Ask about release requirements and obtain advice on tax before deciding how to receive or use the money.
Do not apply the NSW work injury damages impairment timetable to a TPD claim. TPD is assessed under the insurance terms. If the illness or injury also gives rise to workers compensation, CTP or damages claims, each pathway and any interaction should be assessed separately.
Request a written explanation of legal fees, expenses and what happens if the claim is unsuccessful. A free first consultation is not a promise that every expense is waived. Any No Win No Fee arrangement depends on the agreed terms and eligibility.
If you believe you may be entitled to a Total and Permanent Disability claim, obtaining early legal advice can make a significant difference. Stephen Young Lawyers assist clients across Sydney and throughout NSW with TPD claims. We offer free initial advice and act on a No Win No Fee basis for eligible matters.
Contact our team today to discuss your situation and understand your options.