You are entitled to compensation from the Transport Accident Commission (TAC) if you are injured in a crash with a motor vehicle in Victoria, but your entitlements may not end with the TAC. You may also qualify for a Total and Permanent Disability (TPD) lump sum payment from your superannuation insurance. TPD after a car accident can provide you with additional financial resources.
Skilled car accident lawyers will identify all opportunities for maximising your compensation. This may involve looking beyond the TAC scheme to other insurances that may be available.
Employers in Australia are required to contribute a portion of each employee’s wages towards a super fund of the employee’s choosing. This has made insurance cover through super almost universal amongst Australians workers, with most policies including TPD cover by default.
Arnold Dallas McPherson Injury Lawyers (ADM) can help you claim all of the compensation you deserve following a car accident. Call 1800 242 588 today for a FREE consultation at one of more than a dozen Victoria law offices, including Melbourne and Bendigo.
Who Can Claim TPD After an Accident?
Total and Permanent Disability cover pays a lump sum if you are no longer able to work due to a serious injury or illness. By law, super insurers are required to pay a benefit if a member of the fund meets a ‘condition of release’ (see Superannuation Industry (Supervision) Regulations 1994 – Reg 6.01). This includes permanent incapacity.
Permanent incapacity is generally defined as a complete inability to engage in employment for which you would be suited based on your education, training and professional experience (also known as the ‘Any Occupation’ definition of Total and Permanent Disability).
To be eligible for a TPD claim through superannuation after a car accident, you must satisfy the following requirements:
- You have superannuation insurance with TPD cover, or you were covered by a TPD policy outside of superannuation at the time you were forced to stop working.
- You cannot do the job you had before the accident, nor can you participate in any other suitable work.
How Long Do I Have to Claim TPD After a Car Accident?
All TPD policies have a waiting period before you can apply. To satisfy the waiting period, you need to be unable to work in any capacity for a minimum amount of time (usually 6 months). Once the waiting period is over, the insurer will accept applications for TPD benefits.
Were you in a car accident in Victoria? Do your injuries prevent you from working? Explore your legal options by contacting ADM for FREE today.
Insurers often hold off on making a decision until they are satisfied that your injuries will not improve with time or additional treatment. This can be incredibly frustrating when you are hurt, in pain and have no income. You also have a limited time to challenge adverse decisions. Having capable legal representation is essential for navigating the TPD process.
What Car Accident Injuries Qualify for TPD?
Most car accidents result in minor injuries. Some people need a few days to recover, but then they’re back to work and normal activities. For others, however, a crash radically alters what their future looks like.
If your injuries from the accident result in permanent disability, you may be eligible for an impairment benefit from the TAC. You may also qualify for TPD after a car accident if you are permanently excluded from employment as a result of:
- Traumatic brain injuries (TBI): Memory loss, cognitive impairment, trouble focusing, changes in behaviour and personality and other issues common with a TBI can make it impossible to work.
- Spinal cord injuries: Damage to the spinal cord can result in permanent paralysis below the waist (paraplegia) or below the neck (quadriplegia/tetraplegia), disqualifying victims from some or all work-related tasks.
- Complex regional pain syndrome (CRPS): Relatively minor trauma (such as whiplash, a broken bone, etc.) may trigger an abnormal and persistent pain response that continues long after the initial injury heals. This can be CRPS, and it can cause severe pain that might make work impossible.
- Major orthopaedic injuries: Orthopaedic injuries are those that involve your bones, soft tissue and nerves. In severe cases, they can lead to chronic pain and loss of function in one or more limbs. This may prevent you from returning to your job or retraining for a new occupation.
- Amputation injuries: The loss of any limb is devastating from a personal and professional standpoint, especially if the dominant hand is amputated or multiple limbs need to be removed. Sometimes, this can result in total and permanent disablement.
- Burn injuries: Severe burns can be extremely painful and significantly limit mobility, which can place limitations on the ability to work.
- Psychological trauma: The mental health effects of a serious car accident are often overlooked. Chronic depression, anxiety disorders and post-traumatic stress disorder (PTSD) may all create long-term or permanent incapacity for employment.
You should try to attend all recommended medical appointments after a car accident so your injuries can be thoroughly documented. This will help to establish how your capacity for work is affected and support your claims through the TAC and super. You should contact your GP regarding what appointments and investigations are required for your injuries.
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What Evidence Do I Need?
Insurance companies require strong evidence to determine whether you meet a condition of release under the policy. You will need to show not only that your injuries from the car accident permanently prevent you from working in your prior job, but undertaking other forms of suitable employment.
The evidence needed to prove an entitlement to TPD can include:
- Hospital records
- Clinical notes from your GP and specialists
- Diagnostic imaging scans (X-rays, CT, MRI, etc.)
- Assessments from occupational therapists
- Functional Capacity Evaluations (FCE) — these tests measure how long you can stand, sit and walk; how much you can lift and carry; your range of motion; and your capacity for repetitive movements
- Medical treatment records
- Your employment history, including job descriptions
- Education and training qualifications
- Psychiatric reports (as applicable)
You will also need insurance documents to prove that you are a member of the superannuation fund. The product disclosure statement will provide the insurer’s definition of Total and Permanent Disability and how TPD is assessed. Member statements include personal details such as the type of cover you have and the maximum amount of money available to you.
Can I Claim on Multiple TPD Policies?
Yes. If you have TPD insurance cover under multiple policies, you may be able to claim entitlements from some or all of them.
Many workers end up belonging to additional superannuation funds when they change jobs. If you haven’t consolidated your super amidst these changes, you may qualify for TPD under more than one insurance policy.
The definition of Total and Permanent Disability can vary from one policy to another, and each insurer has its own application process. A knowledgeable lawyer can help you apply for TPD and receive any payouts you deserve.
What Can I Pay For with TPD?
Unlike the TAC’s no-fault benefits, TPD entitlements are paid as a one-off lump sum. They are also not tied to particular losses, instead compensating you based upon your level of cover.
Superannuation funds have varying amounts of cover based upon the premium you are paying and what agreement they have struck with their nominated insurer for the fund. Cover for TPD can vary significantly as a result, with some funds only covering around $20,000 and others up to $500,000. Coverage outside of superannuation can sometimes be even higher.
Once you receive the payout, you can use the funds you receive at your discretion, including for monthly bills, living expenses, debt repayment or whatever else you wish. You may also leave some of the compensation in your superannuation fund.
These lump sums can be life altering, and we strongly recommend obtaining financial advice if you receive a TPD payout.
Get Help Claiming TPD After a Car Accident
Arnold Dallas McPherson Injury Lawyers have been advocating for injured people in Victoria for more than 30 years. We bring in-depth knowledge to every personal injury claim. This includes the TAC compensation scheme as well as Total and Permanent Disability insurance.
Catastrophic injuries are a potential outcome of a car accident. If you or someone you love will never be able to work again, it is critical to explore all of the options available to you for pursuing the compensation you need and deserve.
Learn How ADM Can Help
Our experienced car accident lawyers can help you claim benefits and additional compensation from the TAC. We can also review other insurance cover you may have and help you apply for a Total and Permanent Disability benefit.
Insurance documents are full of jargon. Our lawyers can cut through the technical language and explain your rights in real, relatable terms. Call ADM at 1800 242 588 today for a FREE consultation with an accident lawyer in Melbourne, Bendigo or elsewhere in Victoria.
