Sport is an essential element of Australian life. Likewise, thousands of Australians all over the country engage in some form of sport, from team sport to recreational gym training, amateur over 50’s league to professional, nearly all Australians will dip their toe into trying out some form of sport. However, with physical challenges and activities comes wear and tear on the body, and eventually, injuries. Injuries obtained through the playing of sport can see the injured person severely limited in their options for financial compensation. This article looks to explain the challenges for injured people, and the potential relief available via a TPD Claim.
Compensation in a Fault-based scheme
The compensation scheme in Queensland is based on fault. Meaning one of the elements to entitle an injured person to compensation is the negligence of another party, who owed the claimant a duty of care. Examples of this is clear cut in circumstances where an individual has been injured by a motor vehicle crashing into them, or by an unsafe workplace, but for those injured whilst playing sports, this element can severely limit the avenues for compensation.
The reason for this is that injuries are, unfortunately, part of sporting activity. Therefore, even with no wrongdoing of any party, a person can suffer serious injury which can have a debilitating impact of the person’s career, finances and health.
What Is Total and Permanent Disablement (TPD) Insurance?
TPD is an acronym for Total and Permanent Disablement Insurance. TPD is usually included as part of default cover in a Superannuation fund. TPD acts as an insurance in case of an injury or illness that will prevent you from returning to work you are reasonably qualified for through training or experience.
Do I have TPD Cover?
Most working people in Australia have a Superannuation account, and most superannuation accounts contain default TPD cover. However, there are no guarantees. To confirm whether you have TPD cover contact Littles Lawyers and they will review your policy and request entitlement information from the Insurer on your behalf.
How much is a TPD payout?
Unlike a claim for damages, TPD is a fixed amount, meaning if the claim is successful, you get your full cover amount with no room for negotiation. The insured amount can range widely from different insurance companies and can increase and decrease with your age. The best way to confirm your TPD cover amount is to review your policy document, or have your lawyer request the information in writing from the insurer.
How do I get my TPD payout?
Once your fund has confirmed you hold TPD cover and the benefit amount, your legal representatives will work towards completing the necessary claim documents, preparing medical evidence, and submit the claim on your behalf. You may need to attend upon your usual doctors in order to have them complete medical statements to support your claim.
Once the claim is lodged, insurers have six (6) months to make a decision on whether to accept or reject your claim. If your claim is rejected, your legal representatives will advise you on the potential avenues for appeal and the likelihood of success.
An option for sports injuries
Therefore, if you are one of the unfortunate people to suffer a serious injury through playing sports, there may be a TPD option available to relieve the financial pressure. If you have suffered an injury and are no longer able to work, contact Littles Lawyers to begin investigating your TPD entitlements today.
What is the Littles difference?
Put simply, Littles are experts in superannuation and insurance law matters.
Our insurance team has helped thousands of consumers claim their entitlements, and our Head of TPD and General Insurance has extensive industry knowledge and insight on how to maximise your prospects of success.
We also speak your language, at sixteen languages and counting. Forget paying for a translator or for a lawyer who doesn’t understand you and your cultural background.
All our superannuation and insurance law matters are conducted on a no win, no fee basis, and we don’t charge you upfront for any disbursements necessary to prosecute your claim.
If you would like superannuation and insurance law advice, reach out to Littles today by using our free Claim Checker.
If you have any queries regarding the article, please contact via Free Claim Checker or email us.
