Total and Permanent Disability (TPD) is an insurance benefit available under an individual’s Superannuation fund. TPD is available in addition to the contributions made by your employer/fund member to your Superannuation fund.
You can make a claim for TPD if you have ceased your employment as a result of an injury or illness; if you are unlikely to be able to return to your employment as a result of an injury or illness or if you were a member of a Superannuation fund at the time you ceased your employment and had TPD insurance.
The above is not intended as legal advice but as a guide to help you understand about claiming TPD. For any legal advice regarding your personal injury claim you should seek the advice of our solicitor.
TPD eligibility is determined by the Superannuation Complaints Tribunal (www.sct.gov.au) as to the extent a person will be able to work in any gainful employment that he or she is reasonably qualified by his or her training, experience or education as a result of an injury or illness.
There are many different superannuation funds and each fund defines TPD differently. Accordingly, each fund’s insurance policy will need to be carefully reviewed.
At Splatt Lawyers we can review your policy and assist you in putting forward the strongest possible TPD claim to your superannuation fund.
Generally, in relation to accidents in Queensland you only have three years from the date of accident within which to issue proceedings in Court. Should you not issue proceedings within this time then you could lose your rights forever and be prevented from claiming.
A ‘Notice of Accident Claim Form’ must be given to the all parties at fault. Generally this must be done within nine months of the accident or within one month of retaining the services of a solicitor. Special provisions apply in relation to notification in medical negligence matters, especially those involving children.
If the Notice of Claim is lodged outside this time period, an explanation must be provided detailing a reasonable excuse for delay.
Proceedings can not be issued in Court unless ‘pre-court’ procedures have been completed pursuant to the Personal Injuries Proceedings Act.
If pre-court procedures have not been completed and the three year limitation period is drawing near an application must be brought within the limitation period before a Judge for leave to issue proceedings. Proceedings must then be filed within the limitation period. Proceedings issued in this way are stayed until the pre-court procedures have been completed.
Also, whether within the three year limitation or not, a matter can be statute barred if proceedings are not filed and served within 60 days of the holding of a compulsory conference.
No Win No Fee
At Splatt Lawyers we acknowledge that many injured people become financially distressed as a result of an injury and may not be able to afford the up-front costs involved in running a claim for personal injuries.
We work on a No Win No Fee Basis, we will agree to act on a speculative basis after a careful assessment of the facts and circumstances of your case. To act on a speculative basis means that we undertake not to render an account for our professional costs unless and until the matter is successfully concluded in your favour.
For more information about our No Win No Fee policy click here.