People often ask our lawyers if psychological injury is treated differently when it comes to claiming a superannuation, Total and Permanent Disablement (TPD) Insurance benefit. The simple answer is that whether you have suffered a physical or psychological injury or both, you are entitled to claim on the TPD insurance you hold.
What is TPD?
TPD entitlements are not based on the circumstance of the injury or illness. TPD entitlements are available to those who are either injured or have a serious illness, no matter the circumstance of how the injury or illness occurred.
TPD essentially means that you have been disabled by an illness or injury where you are unable to continue in any work capacity for usually six months.
To obtain your TPD entitlements, you need to show that you:
- Hold the appropriate coverage at the time of your injury or illness with your superannuation fund;
- Are Totally and Permanently Disabled; and
- Cannot return to work.
This is done through meeting the definition of TPD, which is contained in your superannuation policy. Along with obtaining relevant supportive material from third parties, such as your treating practitioner. This was explored in a previous blog: Total and Permanent Disability claims. You must meet the definition
Psychological injuries
If you hold TPD coverage with your superannuation fund, you are entitled to make a claim for your TPD benefit, no matter the circumstance of your injury or illness.
Our TPD claims lawyers see many clients who have sustained psychological injuries under various circumstances. Many of whom question whether they may be treated differently when claiming for their TPD benefits because they have not sustained a physical injury. Our response is that this is not a factor at all. Psychological injuries hold the same weight as a physical injury when claiming TPD benefits.
Psychological injuries hold the same weight as a physical injury when claiming TPD benefits.
We assist any clients who have sustained psychological injuries or illnesses to make informed decisions, while recognising the difficulty bringing such a claim can have on one’s mental health.
In order to make your claim run as smooth as possible, we suggest having open discussions with your treating practitioners. This includes making sure that they are aware of your injury or illness and can provide support throughout your TPD claim, including completing the necessary forms and providing their opinion.
If you are wanting to claim your TPD benefits and dealing with a psychological injury or illness, we recommend getting in touch with our office as soon as possible. We will be able to alleviate some of your stress by managing the claim on your behalf.
Along with this, we will be also able to review the policy you hold with your super fund to ensure you are claiming for what you may are entitled to. Further, if there are any bumps in the road, we will be there to guide you through and assist you in making informed decisions.
