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Frequently Asked Questions
If you want to know more about TPD benefit claims, and our range of legal services, read our FAQs below to get answers to common questions.
How do I find out whether I have TPD insurance?
If you have superannuation, it’s likely that you have at some stage held TPD insurance. You can contact your superannuation fund to find out. If you’re employed, it’s a legal requirement that your employer pays contributions to a super fund on your behalf. You may also have separate cover for income protection insurance.
You can find out more by contacting your super fund directly and asking whether you had cover at the time you ceased all work due to medical incapacity. Alternatively, contact our TPD team who will investigate your potential entitlements free of charge. Our TPD team can also help you find any lost super funds, or you can look on the MyGov website or call the ATO’s Lost Super Search line.
If I have more than one super fund, can I make multiple claims for TPD?
In some circumstances, you may be able to make multiple claims on multiple TPD policies where you hold insurance benefits; however, this isn’t always straightforward. We recommend that you seek advice from our specialist TPD claims lawyers before deciding how to claim. You should also always seek financial advice before rolling over your superannuation into one account if you are considering a TPD claim, as doing so can significantly affect the tax payable on withdrawals.
If I’ve made a different type of injury claim, does that disqualify me from making a TPD claim?
You may have claimed for Workers’ Compensation, a motor vehicle accident, or another type of claim for physical injuries or illness (including income protection claims). Even so, you should still be able to make a claim for a TPD payout. Our specialist TPD claims lawyers can advise whether you are eligible.
Do I need a lawyer to represent me when making a TPD insurance claim?
You don’t have to have a lawyer to lodge a TPD claim. However, getting legal support can make things easier, especially when it comes to gathering medical evidence and putting together a strong, well-organised application and dealing with additional requests from insurers and super funds. A lawyer can help guide you through the process and make sure everything is presented clearly from the start, to minimise delays and maximise your prospects of success.
At DBH Lawyers, we don’t charge any upfront legal fees and can assist you on a no win, no fee basis.
When should I start the TPD claims process?
The timing of your permanent disability TPD claim will often depend on when your injuries have stabilised, and when your long-term work capacity is clearer. This may take months or even years. Usually, there aren’t strict time limits on making claims. However, there can be exceptions and so the sooner you make a claim, the better off you’ll be. Seeking legal assistance before starting the process can assist you in understanding how your circumstances, such as attempts to return to work, may affect your potential claim or benefit amount.
What are no win, no fee lawyers?
If we act for you on a no win, no fee basis, it means you will not pay any upfront legal fees. You will only be required to pay legal fees if you receive an insurance lump sum payment. Our legal costs can be paid from the insurance monies received at the end of the claim.
In most cases we can cover disbursements (the cost of obtaining medical records and having medical practitioners complete the required paperwork) up front on the understanding that we will be repaid from the insurance monies received at the end of the claim.
How can I get a Free Claim Check?
If you complete our online Free Claim Check form, our experienced TPD team will investigate whether you held TPD insurance cover at the time you ceased all work due to medical incapacity and we’ll advise whether you may be eligible to successfully claim a TPD insurance payout.