Of course, one hopes it will never happen, but should you ever become incapacitated and are unable to work, it is essential you have adequate insurance to cover for any eventuality. It could be an illness or injury that means you are unable to work, and with the right insurance, you can make a claim for total and permanent disability (TPD). Most people’s superannuation fund will cover such a claim, and in the event you are unable to work for any reason, an experienced superannuation lawyer can help you with the claim process.
For most people, filling out forms for a TPD claim is a complex process, which is why it is wise to enlist the help of an experienced superannuation lawyer, as this person would know what is required, and more importantly, he or she would ensure that you receive a fair pay out. In order to qualify for this type of benefit, one must satisfy the insurer that all the conditions are met, which would typically include the following:
- The claimant must be a member of a superannuation fund.
- The claimant must be unable to carry out any work due to illness or injury.
- The claimant must have ceased work due to accident or illness.
- The claimant must be under the age of 65 at the time employment ceased.
- The claimant must have adequate insurance to cover the claim.
When claiming for TPD, it is essential that you have the relevant medical reports that confirm you are unable to work, and your lawyer would help you compile all the relevant documents prior to making the claim. It is a general rule that the claimant must have been out of work for at least 6 months prior to making the claim, although this might vary from fund to fund, and your lawyer is the best person to talk to about the claim requirements, as he or she would know.
Likelihood of Returning to Active Work
This would be determined by the fund trustees, who would take into account the following:
- The current employment market.
- The member’s transferable work skills.
- The realistic chances of the person gaining employment.
Total and permanent disability means that a person is not able to work, and in some cases, it is possible for the incapacitated person to find alternative employment with a certain amount of retraining, and even if this is possible, you can still make a claim for TPD. Should a person have made several attempts at rehabilitation and were unsuccessful, they can still claim for TPD, and it is only by discussing your situation with a qualified lawyer that a person is in possession of the facts.
There are specialist law firms that are dedicated to representing people who have suffered an injury or illness that prevents them from working, and all it takes to make contact with such a lawyer is an online search.