Am I eligible to make a TPD claim due to a psychological injury?

Question of the Month

BY BRYDENS LAWYERS | Oct 27, 2022

Am I eligible to make a TPD claim due to a psychological injury?

To establish a lawful entitlement to recover benefits in a Total and Permanent Disablement (TPD) claim, it is necessary to satisfy a number of requirements as provided for in the policy.

The policy provides that to recover TPD benefits, the injured person must be suffering an injury or illness of a kind that satisfies the TPD definition as provided for. The standard definition for a TPD claim is as follows:

“As a result of an injury or illness, the insured person has not worked for 3 to 6 consecutive months and, at the end of that period, is so disabled as to be unlikely to return to his or her usual occupation or any occupation that he or she is reasonably suited to perform based on education, training and experience.”

Other definitions of TPD can be found in the policy documents for people, for example, who may have been engaged in full-time domestic duties or have a specific type of medical condition.

The definition of TPD does not draw a distinction as between physical or psychological injuries or conditions. Therefore, whether you have sustained a psychological injury through a traumatic incident or gradually developed same over time or have a pre-existing psychological condition which was severely aggravated, and this condition results in you having to cease work and are unable to return to any employment that you are reasonably suited to, by reason of your education, training and experience, then you should be certainly motivated to determine whether you have any TPD insurance entitlements.

Brydens Lawyers are the experts in the prosecution of all Superannuation and/or TPD claims. For your initial, no obligation and free consultation, contact Brydens Lawyers today on 1800 848 848 or at brydens.com.au for an assessment as to whether such a claim may be available to you.

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