If your condition developed gradually
Prepare a clear history of your symptoms, treatment and changes in work. Include reduced hours, modified duties and attempts to return to work where relevant.
Where a condition developed over time, check the insurance history and policy applying to the relevant period rather than assuming your current cover applies. Changes in employment and inactive super accounts can affect TPD cover.
Do not assume that the first symptom or your last day at work automatically determines the applicable cover. The policy and insurance history need to be reviewed against your circumstances.
Explain the effect on work
Medical evidence should address the disability definition applying to your claim. Under an “any occupation” definition, this generally involves whether you are unable ever to work again in a job suited to your education, training or experience. Other policy definitions may apply.
Include information about your employment history, qualifications and attempts to remain at or return to work. Physical and psychological conditions can potentially support a TPD claim, subject to the policy requirements and exclusions.
A diagnosis or period away from work should not be treated as establishing total and permanent disability by itself. The evidence needs to address the applicable policy requirements.
Check all relevant arrangements
TPD cover may exist through current or previous superannuation or through insurance held outside super. If you have more than one policy, each needs to be checked against its own requirements. Multiple policies may potentially support separate claims, but payment depends on the terms of each policy.
Tasmanian workers compensation is a separate arrangement. WorkSafe Tasmania states that workers compensation is payable where a worker suffers an injury or disease arising out of or in the course of employment. A TPD claim, by comparison, is assessed against the applicable insurance policy and the illness or injury does not necessarily need to be work-related.
For TPD cover held through superannuation, also check the rules governing access to the benefit and the tax treatment of any withdrawal.
Understand the next steps
Bring your current and previous super statements, insurance documents, medical reports already available and any claim correspondence to a free consultation. If you do not have everything, start with the records available.
KSC Law can help identify the applicable cover, explain the evidence that may be required and assess the next steps for TPD claims in Tasmania. If a decision has already been made, seek advice early so any applicable complaint or legal time limits can be checked.
Related reading: TPD claims lawyers · Do I qualify for a TPD claim
TPD guides and next steps
KSC supports TPD clients by phone and online.