In New South Wales, persons who have suffered a workplace injury can claim for compensation under the Workers Compensation Act...
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Our TPD experts have put some of our most frequently asked TPD questions in one handy document. Given it’s there to support you if you are unable to work because you’re ill or injured, it’s worth getting across. Let us know if it comes in handy! (And if you haven’t read Part 1 yet, find it here.)
Yes. In Australia, many people have more than one superannuation fund – and often don’t even know those funds exist! You can generally claim a TPD insurance benefit from more than one super fund for the same cessation of work. But remember, every super fund is different. Locating lost super funds, reading insurance statements and communicating with insurers can be stressful and complex. We offer a free super claims check, and can manage the claim process from start to finish, so you can focus on your health.
If you have a chronic illness and can no longer work, you will likely be able to make a TPD claim. We know that chronic illnesses and conditions can look different in different people, and manifest in different ways. This includes the effect of chronic illness on people’s ability to continue working. Chronic illnesses are long lasting diseases with persistent effects. They can have significant social and economic consequences for peoples’ quality of life. They include illnesses like
• Multiple Sclerosis
• asthma
• cancer
• Motor Neurone disease
• Parkinson’s disease,
• cardiovascular disease
• chronic kidney disease
• depression
• chronic fatigue syndrome
and a range of other illnesses and conditions. Want to know more? Read on here.
It depends. Every insurer and TPD policy is different. This includes how ‘total and permanent disability’ is defined, and the limitations this places on you in terms of working after your claim has been accepted. However, ‘TPD’ is usually defined to mean that that:
1. you must not ever work again within your education, training and experience,
2. you must not ever work again within your usual or own occupation
3. you must be unable to do your activities of daily living, or
4. you must lose the use of two limbs or your vision.
Some policies use only one of the above ‘definitions’ while others apply two or more. While the detail of your particular policy will require close review, it is possible to make a successful TPD claim without being required to cease all kinds of work all together. In addition to helping to pay the bills, we understand that for many of our clients, having the option of working in some capacity provides important social and health benefits.
In most cases, TPD benefits can be paid in addition to your worker’s compensation benefits. A workplace illness or injury can cause significant distress. This can be made worse if you are no longer able to work because of that illness or injury, as you worry about both your future health and financial wellness. In this situation, you deserve to have all your rights and options laid out for you. TPD insurance is held in your super account, and benefits are paid into your super account as a lump sum. Most states and territories allow you to access the TPD insurance benefits out of your super without the withdrawal impacting on your workers’ compensation entitlements. However, there are some important exceptions to this, which is why it crucial to seek expert legal advice.
Insurers sometimes request that you attend an interview with an investigator they have engaged, even if you have a legitimate claim. These investigations are often completed by former police officers specially trained to do this work, and interviews can be scheduled before you even understand the particular matters that the insurer is investigating, or that you are being investigated in the first place!
If you are asked to attend an interview with an insurer or their investigator, you should ask for a detailed list of questions before going to the interview. Under the Life Insurance Code of Practice, you also have certain rights. In some cases, you may be able to refuse to attend the interview at all. If you have been asked to attend an interview with an insurance investigator or any third party during the assessment of your TPD, income protection, trauma or life insurance claim, seek legal advice first! We know that communicating with insurers and negotiating their complex processes can be stressful and time-consuming. You don’t have to deal with insurers’ enquiries on your own.
Do you have an injury or illness that prevents you from working, or just want to know more about what insurance you have under your super? Get in touch with Littles for a free super claims check. We can help you understand what you’re entitled to. Know where you stand, and get peace of mind.
Not only do we offer a FREE claims check – we handle most insurance claims on a no win, no fee basis. Our Head of TPD and General Insurance, Rowan McDonald, is an insurance law expert. If you think you might have a claim, get in touch with Rowan and his team for high quality legal advice.
Please note that this information is intended to provide general guidance only. You should not act or refrain from acting on the basis of such information. Appropriate professional advice should be sought based upon your individual circumstances. For further information, please contact Littles.
In New South Wales, persons who have suffered a workplace injury can claim for compensation under the Workers Compensation Act...
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