Most people are aware that if you sustain an injury, whether it be at work, on the roads or in a public place, you could be entitled to claim compensation for the time that you need off work while you recover. You could also be able to claim the cost of your medical treatment if you do not make a full recovery.
You may also be able to make a lump sum claim. This can include pain and suffering, and if you're unable to return to work or unable to return to work in your full capacity. It may also include your lost earnings.
Broadly speaking, you need to meet a threshold, establish that somebody else caused or contributed to your injury happening and show that you've suffered loss or damage as a result.
What many people don't know is that you may also be the beneficiary of a total and permanent disablement or ‘TPD’ insurance policy purchased by your superannuation fund using your employer's contribution to your superannuation to pay for it.
You may be able to make a TPD claim in addition to an injury law claim if you're employed or capable of being employed at the time that you sustained an injury and you've been unable to get back to work because of your injury.
Unlike an injury law claim, a TPD claim does not look at what caused your injury. It instead looks at whether or not you're likely to be able to return to work. However, while an injury law claim and a TPD claim are separate, they can impact each other. Unlike an injury law claim, A TPD claim does not look at what caused your injury. Instead, it looks at whether or not you're able to get back to work. If you've hurt yourself at work on the roads or in a public place.
We can not only help you with an injury law claim, but we can also investigate whether you had any TPD insurance at the time that your injury occurred and assist you in pursuing that claim to ensure that any impact the two claims have on each other are minimised.
To receive advice specific to your circumstances, get in touch to have an obligation free chat.
How can I learn more?
Jacinta Richards.
Principal Lawyer.
- Injury Law, Superannuation, TPD & IP
- 03 9890 3321
- Email Address: j.richards@robinsongill.com.au
Jacinta graduated with a Bachelor of Law from the University of New England in 2015. She completed her practical legal training at the College of Law and was admitted to practice in 2016.
Some other resources you
might find helpful
Arrest powers where suspicion on reasonable grounds may be based on a mistake of law: Emde v State of New South Wales
In Emde v State of New South Wales [2025] NSWCA 41, the New South Wales Court of Appeal addressed a claim of false imprisonment arising from an arrest made under s 99 of Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (LEPRA).
Building a Strong TAC Claim for Brain Injury Cases
Acquired brain injuries (ABIs) represent some of the most challenging and complex cases within Victoria’s Transport Accident Commission (TAC) compensation scheme.
‘Fishing expeditions’ to Medicare Australia: Reconciling the Victorian approach in Carter v Australian Air League and Semi v Victorian WorkCover Authority
In Carter (a pseudonym) v Australian Air League Incorporated & Anor, the Supreme Court of Victoria outlined the principles that apply in relation to subpoenas seeking records from Medicare.