The TPD claim time limit varies. Most superannuation policies require you to be unable to work for a minimum amount of time before you can apply for a Total and Permanent Disability (TPD) benefit. This is known as the waiting period, and it is usually anywhere from three to six months.
As a rule, there is no upper limit for when you can claim TPD after an injury. Super insurers may accept claims years after the injury occurred. However, you should speak to a TPD specialist lawyer sooner than later if you are unable to work as a result of an injury. You need to be aware of potential exceptions under the TPD cover, especially those pertaining to your employment.
Call TPD Compensation Lawyers at 03 9966 7188 today for a FREE consultation. We can determine whether there is a TPD claim time limit and help you with all aspects of the application process.
When Is an Injury Covered by TPD?
Any injury that prevents you from working may entitle you to a TPD lump sum payment. If you experience any of the following as a result of an injury, you may have a claim:
- Permanent limitations to your range of motion
- Cognitive impairment
- Vision loss
- Hearing loss
- Permanent loss of mobility or function
- Loss of a limb
- Permanent damage to internal organs and other bodily systems
These and other issues may occur as a result of an accident on the road, at work, in the home, or elsewhere. For the purposes of TPD, the circumstances of the injury don’t matter. What super insurers will look for is whether the injury has left you permanently incapacitated and unable to do your job (or any job for which you are qualified).
Is There a Time Limit to Claim TPD?
You can lodge a claim for a TPD benefit at any point after the waiting period has elapsed. As stated above, most super insurers have a waiting period of approximately 3–6 months.
If you have suffered an incapacitating injury that has put you out of work for months (or more), you should absolutely explore your entitlement to a Total and Permanent Disability payment. This should be done as soon as possible, and ideally with the support of a specialist TPD lawyer. Although there is generally not a TPD claim time limit, there are additional considerations that can affect your eligibility.
Can I Make a TPD Claim Years After an Injury?
Generally, super insurers will not reject TPD applications for injuries that happened years prior. In fact, you may not qualify for Total and Permanent Disability until the injury has stabilised and the effects on your ability to work are fully established. Some limitations may be immediately apparent, while others can take months or even years to arise.
TPD claims may be approved years or even over a decade after an injury prevents you from working. However, you should still try to file the application promptly for the following reasons:
- Doctors and other medical professionals may move to a new practice, retire, etc.
- Medical practices may close.
- Your medical records may be lost or destroyed (rules vary by state, but doctors and medical centres in Australia are generally allowed to dispose of medical records after 7 years of inactivity).
- Specific details of the injury fade from your memory.
When applying for TPD cover, you will be required to provide substantial information about your injury and your capacity to work. This information must be supported by medical evidence. If you wait to lodge a claim, crucial records and other evidence may be lost.
If you have suffered a serious injury, you should receive medical attention right away and be diligent about followup care. In the event that you are unable to work—whether immediately following the injury or months or even years after the fact—you should explore your right to a TPD benefit as soon as possible.
How Employment Affects Your TPD Claim
While there is generally no hard-and-fast TPD claim time limit, it is important to note that your super cover (including Total and Permanent Disability) may end if you leave your current job. This is especially true if superannuation and TPD insurance is provided by your employer.
It is essential to determine whether your eligibility for the TPD benefit is contingent on your employment. You should absolutely speak to a specialist TPD lawyer before leaving your current situation or ceasing work due to an injury. The injury may prevent you from working, but quitting your job before applying for TPD could be a serious mistake.
Get Help with Your TPD Claim
Many people mistakenly believe that there is a TPD claim time limit. Unlike with other compensation schemes and insurance policies, the right to apply for a Total and Permanent Disability benefit does not ‘expire’. That said, there are limitations and eligibility criteria you need to know, and it is in your best interest to explore your entitlement promptly.