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TPD claims case studies
There’s no doubt, if you’re successful in your Total and Permanent Disability claim and receive a lump sum payout, it could be the deciding factor in helping you get your life back on track. So I’m going to run through some common TPD misconceptions and a case study which will give you a better understanding of whether you’d be eligible to make a claim.
When it comes to TPD claims, different superannuation policies have different definitions to qualify for a lump sum payout but generally;
If you’ve been unable to work due to injury or illness for an extended period of time which is usually considered more than 3 months
And you have no expectation to return to work or work you’re qualified for
Then you may be entitled to a TPD payout. In my experience there are three common TPD misconceptions that I want to clear up.
– That if you already have a claim, like a WC claim or a public liability claim you can’t claim TPD. This is not true. Other types of claim do not present you lodging a TPD claim
– You can only make one TPD claim. This might be true for other areas of law but not necessarily true for TPD. If you have multiple superannuation accounts you may be able to claim for all of them and finally
– The size of your account balance is not likely to matter so long as the premiums were paid. This is not true, you have to have a large amount in your super to claim.
We recently resolved a claim for a client that actually dispels all three of the misconceptions.
This client had a significant leg injury when a vehicle ran over his leg whilst working as a labourer on a construction site. Aside from his workers compensation claim it became clear early on that his injuries were so significant that he was not going to work from 3 months and that he was unlikely to return to work in any occupation for which he qualified for.
As it turned out he had two superannuation accounts. One with an account balance of approximately 0 and one with an account balance of just over ,000. His low account balances were due to the fact that he was young and had recently moved to Australia.
We were successful in lodging a TPD claim against both of his superannuation policies. In the end we received a gross amount of approximately 0,000 for one policy and 0,000 for the other.
This example highlights that:
– Often forms of compensation do not stop you making a TPD claim
– You can make multiple TPD claims
– A low account balance is irrelevant
Hopefully this has been helpful to you, but if you’re still unsure about TPD claims or need help with your claim, call Law Partners and you can have a confidential conversation with one of our specialist TPD specialist lawyers today.