In Australia, you can make a TPD claim or income protection claim for chronic pain when it stops you from working in your usual occupation or one for which you are suited by training or experience.
You could also be eligible to claim a TPD payout at the end of a workers’ compensation claim. But unlike workers’ compensation, a successful TPD claim doesn’t depend on proving who caused your injury or illness.
Our legal guide to TPD claims (and other insurance benefits) for chronic pain and illnesses explains:
- The types of insurance claims
- What you can claim
- The claim process
- How much to expect in a payout
- And how to have a successful outcome
Free Advice for TPD Insurance and IP Claims
Our experienced personal injury lawyers specialise in personal insurance claims across Australia. They offer a free consultation that includes a thorough investigation of your potential insurance benefits, including TPD insurance cover.
All our legal services are funded on a 100% no-win, no-fee basis, with no upfront costs and with capped or fixed pricing. Pay for a win and nothing if you lose. Start for free by Calling 1300 873 252
How Many Australians are Living with Chronic Illnesses and Pain?
AIHW’s Chronic pain in Australia report found 1.6 million Australians aged 45 and over living with chronic pain in 2016, which is about 1 in 5 people in that age group. Mobility problems and mental health problems like anxiety and depression are just two of the many effects experienced by this population.
Chronic pain often results from physical injuries sustained in a car accident, workplace injury, or other traumatic events, including back injury or spinal cord damage. But it can also be caused by chronic illnesses like spinal stenosis, autoimmune disorders, fibromyalgia and complex regional pain syndrome.
Other common chronic illnesses suffered by many Australians include the following:
- Arthritis
- Asthma
- Chronic diabetes
- Stroke and heart disease
- Cancer
- Kidney disease
- Osteoporosis
- Autoimmune disorders
- And many more
Can I Claim Compensation for Chronic Pain?
Yes, you may be able to claim compensation if chronic pain substantially affects your capacity to work and to do your usual day-to-day activities.
A successful claim typically depends on detailed medical evidence that shows the severity of your condition and how it prevents you from doing your regular job or any other job suited to your skills and experience.
This proof may include medical reports, the findings of diagnostic tests and a detailed job description explaining your typical duties and any attempts to find a different job or to change jobs due to your health.
But unsurprisingly, insurance companies are reluctant to make large payouts. But legal advice can substantially improve your chances of a successful claim. Our legal team has more than 100 years of combined experience dealing with insurers to get financial support for people living with chronic pain. It’s free to find out whether you can claim. Call 1300 873 252
Accredited Specialist Personal Injury Lawyer
Our principal lawyer, Kerry Splatt, is an Accredited Specialist in personal injury law.
His expertise in compensation claims, along with over 100 years of combined legal experience, helps ensure your success.
Our expert TPD lawyers work with his oversight. As seen in:
Claiming Super Insurance Benefits for Chronic Pain
Most Australians don’t know the benefits available within their super insurance when they can’t work due to chronic pain. Here’s what you could claim.
Total and Permanent Disability (TPD) Insurance Payout
You can lodge a TPD claim through your super fund or insurer if an illness or injury stops you from working again in your usual job or one suited to your training or experience.
Whether you can make a chronic pain TPD claim depends on the TPD definition in your insurance policy, and this differs by insurance provider.
There are two main requirements for claiming a TPD payout:
- You had TPD cover when you ceased employment. Most Australians have this type of insurance automatically through their superannuation fund.
- Your medical condition makes you unable to do your regular job or any other occupation suited to your education, experience, or training.
- To succeed, your TPD claim application must prove that you meet your policy’s definition, including evidence of permanent inability to work.
- Difficulty concentrating, fatigue, and other symptoms associated with chronic pain can also affect your work performance and should be included in your claim.
- Each insurance policy will have different definitions and requirements for claiming a TPD benefit.
- In Australia, cancer-related conditions account for around 30% of TPD claims
- Chronic fatigue syndrome is also a recognised condition for TPD claims
Income Protection Insurance Benefits
You can claim against your income protection insurance cover if chronic pain temporarily prevents you from working.
- Once approved, income protection insurance can cover up to 75% of your salary while you recover, depending on the insurer and policy terms.
- If you progress to a long-term or permanent disability, you could then be eligible to claim a TPD lump sum payment.
Critical or Terminal Illness Claim
Trauma or critical illness insurance (also called recovery insurance) can make a lump-sum payment when you are diagnosed with a chronic or terminal illness or injury.
- For a successful claim, your medical conditions must be covered under your insurance policy
- It’s best to seek legal advice because most cases require solid medical evidence
Can I Have Multiple TPD Claims for Chronic Pain?
Many Australians change jobs in their lifetime, which means they can have TPD cover through multiple super funds. These people could make a chronic pain TPD claim through each insurer and receive multiple payouts worth millions.
- Each insurance policy will have a different TPD definition, so some claims may fail while others succeed.
- Experienced lawyers specialising in insurance claims understand how this works and can significantly impact your outcome.
Aussie Injury Lawyers will investigate your circumstances for free. Our team will advise:
- If you qualify for multiple claims
- Your estimated payout value
- Our capped or fixed fee for a successful outcome
- Pay nothing if you lose
It’s free to know where you stand. Call 1300 873 252
How Much is a TPD Payout for Chronic Pain?
In Australia, a chronic pain TPD payout can range from $80,000 to more than $500,000, or millions for claims through multiple super funds.
- Your payout amount depends on the insured value of the TPD policy.
- An approved TPD insurance benefit is usually a lump sum payment deposited in your super account
- Financial support through superannuation compensation claims can help you pay for medical expenses, rehabilitation costs, and lost income.
How Long to Get a TPD Payment?
TPD claims often take 6–12 months to process, or sometimes longer for complex cases.
What Evidence Do I Need for a Successful Claim?
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