TPD Claims – Do I Need a Lawyer or Not?

Last updated on January 19th, 2022 at 03:08 pm

When making a compensation claim in QLD, the majority of superannuation funds, insurance companies, and financial advisors will underestimate the usefulness of a TPD claim lawyer. The irony is that super funds and insurers hardly go without one. If there are any issues or loopholes in your claim, having a lawyer on-call will come in handy. However, engaging a lawyer isn’t always necessary. If you’re caught between whether or not a solicitor will be to your advantage, take note of the following TPD concerns. 

TPD Doesn’t Always Mean the Same Thing from Fund to Fund

How one defines a Total and Permanent Disability (TPD) will vary from firm to firm. If you’re dealing with two separate funds that take opposite approaches to TPD, the claiming process becomes too challenging to shoulder on your own. 

For instance, while one policy might define TPD as rendering one “unable” to work, whereas another will demand proof of “unlikeliness to ever return to work.” As such, preparing evidence for both claims may subject you to polar opposite processes. 

In some cases, your employment status, whether full or part-time or unemployed, and the length of work will dictate how you prepare your claim. Under claims in which this is a factor, you may have to prove an inability to perform daily tasks such as eating, bathing, walking, or dressing. 

Finally, documents may vary, and you’ll need to understand them. If you can’t read and interpret the policies yourself, you might be better off with a lawyer. 

The TPD Claiming Experience

If you’re claiming a TPD workers compensation in QLD, you’re likely suffering from a medical condition or seriously injured. A handicap can make it incredibly arduous to perform administrative tasks such as filling out claims forms. Especially if you have a mental illness, having a lawyer by your side can ease the process. 

What Comprises a Medical Exam?

When making a TPD claim, an insurance company healthcare provider will assess your illness or injury. In some instances, you’ll also have to check in with multiple doctors or a psychiatrist. With a lawyer’s advice, you can determine whether you’re better off refusing an exam if it’s ultimately unnecessary. 

Non-Disclosure vs. Pre-Existing Illness

When applying for insurance, you’ll have to fill in a medical questionnaire. Even after receiving coverage for years, some insurers will deny a claim if you become diagnosed with an illness after application. This refusal is considered “non-disclosure.” 

By the same thread, some policies will have a pre-existing illness exclusion clause. Thus, you might not be able to claim the insurance on a medical condition that occurred before you started receiving coverage. 

Non-disclosure insurance disputes are extremely tough to navigate. However, with the appropriate know-how, a solicitor can help you challenge a decision. 

Unfortunately, many who facilitate a TPD claim without assistance end up letting go of the issue without a fighting chance. Claims become complicated and sometimes end up in court. Without guidance, preparing the appropriate evidence is almost impossible. 

With Seymour Furlong Lawyers in Queensland, the process of making a TPD claim is simplified. We offer free checks on your entitlements and adhere to a no-win, no-fee guarantee.