A Total and Permanent Disability (TPD) benefit may be available if you were injured in an accident. You may be able to bring a TPD accident claim following a motor vehicle accident, a fall, a workplace accident, or other incident resulting in disability.
Total and Permanent Disability compensation is not automatically available following an accident. Certain conditions must be met, and you will need to navigate the TPD insurer’s process for claiming benefits. This can be difficult, but TPD Compensation Lawyers are here to help.
Find out if you have a TPD accident claim. Call TPD Compensation Lawyers at 03 9966 7188 today for a FREE consultation. Our TPD accident lawyers serve clients in Melbourne and all of Victoria.
What Is Total & Permanent Disability Due to Accident?
Accidents can happen anywhere—on the road, in the home, at work, or out in public. Unlike Victoria’s compensation schemes, which only pay if you are injured under specific circumstances, TPD insurance may cover any type of accident. Eligibility is based on whether you meet the definition of Total and Permanent Disability, not what led to the injury.
TPD insurance cover is divided into three different types of policies:
Any Occupation Cover
With ‘Any Occupation’ cover, you are considered totally and permanently disabled if you are no longer able to perform any job for which you are suited. If you can’t return to the job you had before the accident, but it is determined that you can be retrained for a different profession, you would not meet the conditions for a TPD entitlement.
Own Occupation Cover
The conditions for ‘Own Occupation’ insurance are less strict. If you can’t do your pre-accident job after the accident, you would be eligible for Total and Permanent Disability compensation.
Read More: Any Occupation vs Own Occupation Cover
Activities of Daily Living Cover
The least common type of TPD insurance, ‘Activities of Daily Living’ (ADL) cover requires that you be unable to perform certain tasks of day-to-day life. ADL cover has the lowest rate of approval amongst TPD insurance policies.
Read More: What Is TPD ‘Activities of Daily Living’?
What Is the Difference Between TPD and Accidental TPD?
Most TPD cover is considered universal. If an injury or illness totally and permanently disqualifies you from working, you are entitled to a lump sum payment.
However, some insurers offer a separate product known as accidental TPD. Accidental TPD is fairly similar in that it pays a lump sum for Total and Permanent Disability, but only as a result of accidental injury. Someone with accidental TPD would not be entitled to a benefit if they become disabled due to an illness.
Whether due to their occupation, a pre-existing condition, or other life circumstances, some people only qualify for accidental TPD. It can be difficult to understand Total and Permanent Disability insurance and whether you have an entitlement. With our FREE claim check, we can review your insurance cover and assess your eligibility.
Common Types of TPD Accident Claims
Accidents of all kinds can result in severe physical and psychological injuries. If the injury from an accident makes it so you are unable to work, you may have a viable TPD claim.
Our lawyers can determine whether you have a TPD accident claim after evaluating the specifics of your situation. Incidents that may entitle you to a Total and Permanent Disability benefit include:
Car Accidents
Transport accidents are a major cause of serious injury, with almost 40,000 Australians hospitalised on average each year. Of those people who end up in hospital after an accident, some suffer injuries that permanently and totally alter the trajectory of their lives.
Whether you were driving or riding in a car as a passenger, riding a motorbike or bicycle, or out walking and got struck by a vehicle, you may be able to make a TPD accident claim for injuries such as:
- Brain Injuries
- Neck & Back Injuries
- Paralysis
- Eye Injuries
- Severe Burns
- Bone Fractures & Joint Injuries
- Loss of a Limb
In Victoria, people who are injured in transport accidents are entitled to benefits from the Transport Accident Commission (TAC). Additional TAC compensation may be available for serious injuries due to another’s negligence. In the event of a permanent injury, you may also be able to turn to TPD insurance.
Falls
Accidental falls are the leading cause of injury-related hospitalisation in Australia. They can result in spinal injuries, complex bone fractures, damage to soft tissues, and more.
It is important never to underestimate the seriousness of a fall. If you can’t work after falls like the ones described below, you should explore your right to lodge a TPD accident claim:
- Slips, Trips, & Stumbles
- Falls from Heights
- Activity-Related Falls (such as skating, rollerblading, scootering, skiing, watersports, etc.)
- Falls on or from Steps & Stairs
Slips, trips, and falls may be caused by the negligence of a property owner. If this is the case, you may be entitled to personal injury compensation in addition to a TPD payout. These are separate legal matters requiring knowledge of both public liability and Total and Permanent Disability insurance.
Workplace Accidents
In the last 10 years, more than 1.1 million Australian workers have lodged workers’ compensation claims for a serious job-related injury. Safe Work Australia considers an injury ‘serious’ if it results in more than 1 week of lost work time. If a work-related injury results in Total and Permanent Disability, you may qualify for a TPD benefit.
Many Aussies don’t realise that they have TPD cover as part of superannuation insurance through their employer. Examples of workplace accidents that may give rise to a TPD claim include:
- Falls in the Workplace
- Vehicular Collisions
- Being Struck by Falling or Moving Objects
- Machinery & Equipment Injuries
- Electrocution Incidents
- Toxic Chemical or Materials Exposure
- Workplace Violence
The workers’ compensation scheme in Victoria is known as WorkCover. You may be entitled to benefits through a WorkCover claim, as well as have a TPD accident claim if you are totally and permanently disabled due to a job-related injury.
Sporting Incidents
Injuries are a common occurrence in many types of sport. Most sports injuries are minor and resolve with minimal complications, but some can have a catastrophic impact.
Head injuries, spine injuries, and orthopaedic injuries can permanently affect the ability to work and care for yourself. Sports where these and other injuries are more likely to occur include:
- Football
- Soccer
- Rugby
- Cycling
- Roller Sports
- Basketball
- Horseback Riding
- Martial Arts and Combat Sports
- Surfing and Other Water Sports
You don’t have to face the aftermath of a serious sports injury alone. Our team can advise you whether you have a viable TPD accident claim.
How Long After an Accident Can I Lodge a TPD Claim?
All TPD insurances have a waiting period. This is the minimum amount of time you must be unable to work before you can apply for TPD. Usually, the waiting period ranges from 3 months to 6 months.
The waiting period gives your injury or injuries the opportunity to stabilise. Once your condition is stable, a clear picture should emerge of any long-term or permanent challenges you will face as a result of the accident.
Read More: How Long After an Injury Can You Claim TPD?
It is never too early to begin exploring your rights and understanding the benefits you may be due. A lump sum Total and Permanent Disability payment can make a major difference for your finances, your future, and your peace of mind.
Get Help with Your TPD Accident Claim Today
TPD Compensation Lawyers was founded by Henry Carus, specialist personal injury lawyer and the founder of Melbourne injury law firm Henry Carus + Associates. Henry’s approach to personal injury law is distinguished by an emphasis on getting clients more. Sometimes, this involves looking beyond the compensation schemes and tapping into other benefits that may be available to our clients.
We find that many individuals who are seriously injured in accidents are also entitled to Total and Permanent Disability compensation. Our firm has the knowledge and experience to help you with all aspects of a TPD accident claim, from obtaining medical documentation and specialist reports to filing the application to handling appeals.
Get the TPD benefit you deserve. Contact TPD Compensation Lawyers for assistance in Melbourne or another Victoria community.