If you suffer illness or an injury, whether from a motor vehicle accident, in the course of your work, due to medical malpractice or from the wrongful or negligent actions of another, then you may have entitlement to personal injury compensation as well as injury & disability insurance claims.
You may have entitlement to insurance payments under injury & disability insurances attached to credit cards, personal loans, vehicle finance, your mortgage or other insurances you hold that you are not aware of. To learn about general injury & disability insurances that you may have access to if injured or suffering illness, go to our webpage: Injury & Disability Insurance Claims.
Total & Permanent Disability Insurance & Partial & Permanent Disability Insurance Claims
Partial & Total Permanent Disability Insurances are specific types of injury & disability insurance that you may be entitled to if your injury, medical condition or illness, impairs your ability to work. Many people have this insurance attached to their Superannuation Funds and are not aware of it. And in the case of Total & Permanent Disability Insurance, your insurance payment may be quite substantial, and can be of great assistance in meeting medical expenses and any debts you may have, when you are unable to work due to injury or illness.
Total & Permanent Disability Insurance Claims
Total & Permanent Disability Insurance (TPD) Claims apply when you suffer an injury or illness that results in you being permanently unable to return to work in your usual capacity. The extent of your work impairment that provides entitlement to a claim for Total & Permanent Disability Insurance, depends on the terms of your Superannuation Fund’s insurance policy.
Generally, eligibility for a Total & Permanent Disability Insurance payment is based on whether the individual will be able to work in any gainful employment that he or she is reasonably qualified for by his or her training, experience or education, because of the injury or illness.
In some cases, to be eligible for this insurance, you need only show that your injury or illness has taken you out of your usual occupation on a permanent basis, and you have no transferable skills. In other cases, you are required to show that you are totally disabled from any work whatsoever because of your condition. Each fund defines total & permanent disablement differently, and accordingly, you will need expert legal advice to properly interpret the requirements of your Fund’s TPD insurer.
Most TPD insurance stipulates that you will not be able to claim after a certain age, usually associated with retirement age. The majority of funds have age stipulations of 60 or 65 years. Most funds also require that you be out of work for 6 consecutive months before a claim can be made.
It does not matter how your injury or illness occurred, as long as it developed within the period of your insurance coverage. Unlike personal injury claims, TPD claims do not rely on injury occurring from the negligent or wrongful act of another. To be eligible, you simply have to meet the criteria stipulated in the covering insurance policy.
There Are Appeal Avenues Should Your TPD Claim Be Denied
It is usually only in cases of very debilitating injury that an insurer will not deny a TPD claim. Mostly, claims are denied on the basis that some form of work, meeting the policy criteria, is still available to the sick or injured claimant. There are appeal processes available where this occurs. You can ask initially for a review of the decision to deny your claim via the insurer, and if this is unsuccessful, then you can appeal to the Superannuation Complaints Tribunal or bring legal proceedings in the Court to enforce your entitlements under the insurance contract.
Palmers Compensation Lawyers Can Help You Win Your TPD Claim
The law of TPD claims can be quite complex and you will need expert legal advice to ensure your case is fully and properly submitted to the insurer and any appeals are promptly dealt with as time limits do apply. You can access expert legal advice to assist with your TPD claim through Palmers Compensation Lawyers.
CONTACT US on 1300 388 383, Livechat with us or send us an enquiry via a FREE Instant Case Appraisal webform on our website (click on the link here or at the top right hand side of this webpage).
Partial & Permanent Disability Insurance Claims
This is another type of disability insurance that is often attached to Superannuation Funds, although not as commonly as TPD insurance.
Partial & Permanent Disability Insurance or PPD claims apply where you suffer injury or illness that permanently impairs your work capacity, but it does not totally disable you from work, as in the case of Total and Permanent Disability. Insurance payments for PPD claims are not as lucrative as TPD claims, but if you have such insurance, will still provide you with some compensation for your injury or illness. In a lot of cases, where you are found ineligible for a TPD payment under your TPD policy of insurance, you will be found to have a PPD claim instead.
Often, if you are eligible for a PPD claim, you do not receive a lump sum payment that you can access immediately, but it is deposited into your Superannuation Fund and you will be restricted from accessing it, just as you are with your Superannuation. But how your PPD payment is made will depend on the terms of your policy.
Again, whether you are eligible for a PPD payment under such insurance will depend on what the terms of the covering insurance policy states the necessary criteria is for meeting a PPD insurance payment.
Palmers Compensation Lawyers can review your TPD and PPD insurance policies and put forward the strongest possible claims to your Superannuation Fund for you.
If you are injured Contact us today and find out if you have a TPD or PPD claim, or any injury & disability insurance claims available to you.