Can I Claim TPD for Chronic Pain?

16 July 2025 | Total and Permanent Disability

Living with chronic pain can be extremely difficult. Relief is often elusive because the underlying cause is unknown or resistant to regular treatment. Individuals who are unable to work due to persistent pain may be able to apply for TPD chronic pain claims.

TPD Compensation Lawyers take an individualised approach to every claim. We strive to understand all of the ways your chronic pain or illness impacts your life so we can prepare the strongest application and secure a Total and Permanent Disability payout for you.

For assistance with TPD chronic pain claims in Melbourne and all of Victoria, call 03 9966 7188 today. Your initial consultation is FREE, and you only pay fees if we obtain a favourable result on your behalf.


What Is Chronic Pain?

Most of the pain we experience is acute, caused by an injury or illness. The pain typically subsides over time as the body heals. Pain is considered chronic if it persists beyond the normal time for healing or, according to healthdirect, for more than 3 months.

Chronic pain may be localised to a certain part of the body. It may also affect a bodily system, such as bones or muscles.

What Causes Chronic Pain?

Pain may sometimes linger long after a physical injury has healed. The injury may have been caused by an accident, sustained while playing sports, as a result of a surgical procedure, etc. What causes chronic pain after an injury isn’t always well-understood, but it is hypothesised that the nerves become damaged and cause feelings of pain to persist.

Chronic pain is also associated with a host of different medical conditions:

  • Arthritis
  • Fibromyalgia
  • Chronic migraines
  • Neuropathy
  • Autoimmune disorders such as lupus, inflammatory bowel disease, etc.
  • Multiple sclerosis
  • Herniated discs and degenerative disc disease
  • Chronic fatigue syndrome
  • Interstitial cystitis / painful bladder syndrome
  • Endometriosis
  • Cancer

Sometimes chronic pain is ‘idiopathic’. This means it has no discernible cause, which can make the condition difficult to treat.

It is vital to consult a doctor if you are suffering from chronic pain due to an injury or illness. Prompt medical intervention may help with symptom management and restoring your quality of life.


How Does Chronic Pain Affect Work?

According to the Australian Institute of Health and Welfare, 1 in 5 Aussies aged 45 and up live with chronic pain. Individuals with chronic pain are five times more likely to suffer significant limitations in daily activities, including the ability to work.

Chronic pain can affect work in the following ways:

  • Reduced productivity
  • Inability to focus on job-related tasks
  • Missing a significant number of workdays (absenteeism)
  • Attending work but not being fully engaged or productive (presenteeism)
  • Stress, anxiety, and depression
  • Lower levels of job satisfaction

Workers with chronic pain are often fearful of losing their jobs due to productivity issues, absenteeism, etc. For some workers, the pain and/or mental distress is so severe that they are forced to leave the workforce.


Does Chronic Pain Qualify for Total and Permanent Disability?

If chronic pain prevents you from working, you may be able to lodge a claim for TPD compensation. You need to show that your condition meets the definition of Total and Permanent Disability set forth by your TPD insurer. If you have TPD cover through a superannuation insurance policy, this means proving that you are unable to work in any job for which you are qualified.

Expert legal advice is essential for TPD chronic pain claims. Take our FREE claim check and learn how TPD Compensation Lawyers can help.


How Do I Make a TPD Claim?

First, you need to make sure you have Total and Permanent Disability insurance. Some Aussies have TPD cover as part of an employer’s superannuation insurance without even realising it. You will also need to make sure the policy is still active.

We recommend speaking to a lawyer if you are thinking about lodging a TPD claim. TPD lawyers can identify the available insurance cover and help with all aspects of your claim.

Next comes the process of gathering medical evidence. You will need to convince the insurance company that you meet their criteria for Total and Permanent Disability. TPD chronic pain claims should include complete medical records documenting your condition. This may include:

  • Records of the initial injury or surgery (if applicable)
  • Subsequent visits to doctors and specialists for chronic pain
  • Lab results, medical imaging, and other tests
  • Treatments you’ve undergone for chronic pain and/or an underlying condition
  • Notes from doctors on your prognosis

Often, we find that clients have received a lot of medical care, but the practitioners involved in their treatment haven’t specifically documented how chronic pain impacts their capacity for work. Your lawyer can collaborate with healthcare providers and recommend additional medical assessments that may be needed to strengthen your claim.

You will also need to submit employment and financial records to establish your work history and previous earnings. This will help the insurer calculate your entitlement.

Finally, your lawyer will fill out the application form and provide all requested materials. The TPD insurance company will review the claim and issue a decision. Your application may be accepted, the insurer may request more information, or the claim may be denied.

Read More: What to Do If Your TPD Claim Is Rejected


Get Help with a TPD Claim for Chronic Pain

Sadly, there is no cure for chronic pain. Many people try to persevere through the physical and mental symptoms to live a normal life, but sometimes the pain proves to be too much. Our specialist lawyers can help you claim TPD benefits for chronic pain that prevents you from working or performing the activities of daily living.

We offer expert assistance with TPD chronic pain claims. Contact TPD Compensation Lawyers online or call 03 9966 7188 today. With our No Win, No Fee agreement, you don’t have to pay any fees or expenses unless we obtain a payout for you.