Personal Injury Lawyers › TPD & Superannuation
TPD & Superannuation Lawyers — Your Super Fund Owes You More Than a Pension.
Most working Australians hold total and permanent disability (TPD) insurance inside their superannuation fund — and most have never checked what cover they have. If you can no longer work due to illness or injury, a TPD claim can pay a significant lump sum regardless of who was at fault. Many eligible claims are never made. A lawyer assesses your cover and manages the claim process for you.
⚠ TPD claims must typically be lodged within 6 years of the date of the disability event — and funds can wind up or merge. If you have stopped working due to injury or illness, check your cover now. Get a free assessment.
What We Help With
TPD and superannuation insurance claims — every situation.
TPD insurance is held inside superannuation. Most people never check what cover they have — or assume the fund will tell them if they are entitled to something. A lawyer identifies all relevant policies, assesses eligibility, and manages the claims process.
TPD Insurance — Lump Sum Claim
Claiming the TPD insurance benefit inside your superannuation fund — where a physical or psychological condition means you can no longer work in your own occupation or any occupation, depending on the policy definition. A lawyer assesses which definition applies and gathers the evidence needed to succeed.
Income Protection Insurance
Income protection policies — held inside super or as a standalone policy — pay monthly income replacement while you are unable to work due to illness or injury. A lawyer assists with denied claims, disputes about the definition of disability, and insurer conduct in managing the claim.
Declined or Disputed TPD Claims
Where the fund or insurer has rejected a TPD claim or is disputing eligibility — including disputes about whether the claimant met the TPD definition at the relevant date. Disputes go to the Australian Financial Complaints Authority (AFCA) or the courts.
Multiple Super Fund Claims
Many Australians hold superannuation with multiple funds from different periods of employment — each may carry separate TPD insurance. A lawyer searches all super holdings and lodges claims across multiple funds where applicable.
Total & Permanent Disability — Mental Health
TPD claims based on psychiatric conditions — depression, anxiety, PTSD, schizophrenia — are increasingly common but often disputed by funds. A lawyer gathers specialist psychiatric evidence and manages the fund's assessment process.
Early Release of Super (Compassionate Grounds)
Where medical treatment is not affordable, early access to superannuation may be available on compassionate grounds through the ATO. A lawyer advises on eligibility and the application process.
What the Law Says
TPD insurance — how the claims process works.
TPD claims are insurance claims governed by the terms of the relevant policy, the Superannuation Industry (Supervision) Act 1993, and the Insurance Contracts Act 1984. The key issue in most TPD claims is whether the claimant meets the policy's definition of total and permanent disability.
Own occupation vs. any occupation — the critical distinction
"Own occupation" TPD cover pays where you are permanently unable to return to work in your specific occupation — the job you held at the time of disablement. "Any occupation" cover pays only where you are permanently unable to work in any occupation for which you are reasonably suited by education, training, or experience. Own occupation policies are significantly more generous — and most modern super-fund default policies use the any occupation definition. A lawyer reviews the policy wording and advises on which definition applies to your cover.
The "permanent" requirement — what it means in practice
To succeed in a TPD claim, the disability must be "permanent" — the claimant must be unlikely to ever return to work in the relevant occupation. In practice, this means medical evidence must establish a prognosis of unlikely return to work, not just current incapacity. For chronic conditions (degenerative spine conditions, severe psychiatric disorders), establishing permanence requires thorough specialist medical opinion. For progressive conditions, the timing of the claim matters — claims should be made when permanence can be established, not necessarily at the earliest date of incapacity.
The ATO's lost super register — finding all your policies
Many Australians lose track of superannuation accumulated with past employers. The ATO's myGov platform and super search facility allows identification of all super accounts held in your name. Each account may carry separate TPD insurance. A lawyer checks all accounts and identifies all potential TPD policies before lodging any claim — failing to identify a policy means leaving potential compensation unclaimed.
AFCA — the disputes pathway
The Australian Financial Complaints Authority (AFCA) is the external dispute resolution scheme for superannuation and insurance complaints. Where a TPD claim is rejected or the fund's decision is disputed, a complaint can be lodged with AFCA for review. AFCA is free to access and its determinations are binding on the fund. The AFCA process involves exchanging submissions and evidence, and AFCA may make its own determination or refer the matter to conciliation. A lawyer prepares the AFCA complaint and manages the evidence presentation.
Tax treatment of TPD payments
TPD payments received from superannuation are partially taxable — the tax treatment depends on the amount, your age, and the composition of the payment (taxable vs. tax-free component). Payments to a person aged under 60 are typically subject to a 20% tax on the taxable component above the low-rate threshold. Payments at age 60 or above are generally tax-free. A financial adviser should be consulted on the tax management of any significant TPD payout to ensure the amount is received tax-efficiently.
TPD claim alongside other compensation claims
A TPD claim can be pursued simultaneously with a workers compensation claim, a CTP claim, or a public liability claim arising from the same injury. The streams are separate — workers compensation is an employer-funded statutory scheme, CTP is an insurer-funded motor accident scheme, and TPD is an insurance policy inside your own superannuation. Each is assessed on its own terms. A lawyer coordinating multiple streams ensures that recovering in one stream does not inadvertently affect rights in another.
How It Works
One request. A free TPD cover check.
Tell us your condition, when you stopped working, and what super funds you are aware of. A TPD lawyer will check your cover and assess eligibility for free.
Submit Your RequestDescribe your condition and employment history
Tell us your medical condition or injury, when you last worked, your main employment history (for identifying super funds), and any super funds you are already aware of.
TPD cover identified and assessed
A lawyer identifies all super accounts and TPD policies in your name, reviews the relevant policy definitions, and advises on whether you are likely to meet the eligibility criteria.
Claims lodged and managed
A TPD lawyer lodges the claim(s), gathers the required medical evidence, manages the fund's assessment process, and disputes any rejection through AFCA if needed.
Common Questions
TPD insurance — frequently asked questions.
How do I know if I have TPD insurance?
Most Australians who have ever been employed have superannuation — and most superannuation funds automatically include life insurance and TPD insurance as default cover. You can check your super fund's annual statement, log into your fund's online portal, or use the ATO's myGov super search to find all super accounts in your name. A lawyer can also run a full super search on your behalf and contact each fund to confirm what insurance cover is held. Many people discover significant TPD cover they were completely unaware of.
My super fund rejected my TPD claim — can I appeal?
Yes. A rejected TPD claim can be disputed through the Australian Financial Complaints Authority (AFCA). AFCA independently reviews the fund's decision and can overturn rejections where the fund applied the wrong test, failed to consider relevant evidence, or made a decision inconsistent with the policy terms. A lawyer prepares the AFCA complaint, organises additional medical evidence, and presents the strongest case for review. AFCA is free to access — there is no cost to the claimant to lodge a complaint.
Can I claim TPD and workers compensation for the same injury?
Yes. TPD insurance and workers compensation are separate and independent compensation pathways. Workers compensation is funded by the employer's insurer and assessed under the state scheme. TPD insurance is funded by the superannuation fund's insurance policy and assessed against the policy's own terms. Recovering workers compensation does not affect TPD entitlements and vice versa. A lawyer managing both streams ensures no inadvertent election of remedies between the two pathways.