When you have suffered an injury or illness
which stops you from being able to work, the process of
making a claim can often be stressful and complicated.
Our team of Injury Law Accredited Specialists will work with you to ease
the burden of making a claim through your superannuation fund and help you seek compensation.
Helping you receive your full entitlement
When you are unable to work due to injury or illness your income can be adversely affected. This can add further stress to an already difficult time. You may be eligible for payment of a Total and Permanent Disability (TPD) benefit and/or Income Protection (IP) payments, regardless of whether you've had an accident or made a WorkCover or Transport Accident (TAC) claim.
A TPD and/or IP claim is not dependent on whether you've had an accident or made a WorkCover (WC) or Transport Accident (TAC) claim. Most employees are covered for TPD and/or IP through superannuation or private policies.
Claiming through a TPD benefit
It depends on the wording of each policy but usually if you are assessed as being permanently unfit to do your usual job or any other work based on your training and experience, a Total and Permanent Disability benefit becomes payable.
You will need to complete an application form, and provide details of your employment, your work history and qualifications, as well as forms to be completed by your employer and treating doctors as to your capacity.
A TPD payment is usually paid as a lump sum but you have the option of rolling it over into your superannuation fund. You may be able to make more than one claim if you cover for TPD through more than one super fund.
Claiming through income protection
It depends on the wording of each policy but you may have an entitlement to IP payment for a proportion of your income for either a temporary or permanent incapacity. There may be a waiting period.
You will need to provide details including completing an application form, and providing supporting material from your treating doctors and employer as well as details of your income to assess your entitlement.
Payments are usually made on a monthly basis. Once a claim is accepted there is usually a requirement for regular certification of your ongoing incapacity to be provided by your treating doctor.
When is it a TAC or WorkCover claim?
A TPD lump sum payment may result in a suspension of weekly earnings payments from a WC insurer but not TAC payments.
Most IP policies will require disclosure of a TAC or WC claim and if you have an entitlement to concurrent weekly payments, then your entitlements through the IP claim will usually be limited to any amount that is over and above any TAC or WC payments.
Each policy is different so getting legal advice promptly is important. Robinson Gill can assist you with your TPD benefit and/or IP claim and work with you and your superannuation fund/insurer to optimise your entitlement. We will only charge you if you have a successful outcome.
No win, no fee
Our injury law team offers 'no win, no fee' in most income protection and total and permanent disability matters. We offer all our new clients a no cost and obligation free first appointment and would be happy to discuss how we can assist you further during this time.
You may also need to consider:View Options
Updating your will
Upon receiving benefits from your superannuation or insurance fund, it is an opportune moment to have a lawyer draft you a will (or review your existing one).
We can offer our clients a complimentary review of your will. Bring it your first appointment or use our online tool and have it reviewed by a lawyer.Review my will
Resources & FAQs
Answers to common questions in
relation to the expertise.
John McEnroe’s famous edict can strike a shiver down the spine of any plaintiff personal injury lawyer. This is because proof of ‘serious injury’ is the threshold for making a common law claim for damages under either the WorkCover or TAC schemes.