Wednesday 22nd January 2020,
Grm Law Firm

When an Illness or Injury Can Prevent Someone from Working

When an Illness or Injury Can Prevent Someone from Working

The fact is that most of us take our health for granted. We wake up, work, come home, and enjoy our weekends without giving too much thought to it. But what would you do if you were injured while on the job? What if you developed an illness that prevented you from working? Some people face the prospect of not being able to return to work or having to take up alternative work because of an injury or illness.

Are You Permanently Disabled?

Truthfully, many things can go wrong in our lives when it comes to health. Nothing is perfect and there may be any number of valid reasons why someone finds it difficult to continue in his or her job. One person may have developed a debilitating spinal injury at work that prevents him or her from working; another one may develop a serious illness that takes away his or her capacity to work in the way that he or she was used to. Whatever the case, it is possible that a TPD claim can be made that makes life easier.

In successful claims, a person will receive a lump sum of money and be able to release his or her superannuation early for the purposes of easing his or her burden. The challenge is that this is an area of law that is complex and filled with criteria. Indeed, all superannuation funds even have their own criteria with regard to who can apply for Total and Permanent Disability. This is why it is always a good idea to hire a legal firm with a lot of experience in such claims.

Who Usually Qualifies for TPD?

To claim a permanent and total disability to the extent that the normal work cannot be undertaken, someone must at least meet the following criteria:

  • Under the age of 65
  • Have stopped working due to the illness or injury directly
  • Have the relevant insurance policy at the time of ceasing work

It is also a stipulation that medical evidence for the extent of the illness or injury is presented.

Of course, there are many cases when someone may be prevented from doing the work for which he or she was trained or qualified due to illness or injury but there may be alternative employment that he or she could undertake if retrained. Importantly, this should not discourage a person from making a TPD claim as he or she may still qualify for a release of funds despite having to undergo retraining for a brand-new area of work.

Seeking Legal Advice

If you think that you may qualify for a TPD claim, it is important to contact a good legal firm as soon as possible so that the process can be started. It is a complex area of rules and regulations and is made more complex due to the fact that each superannuation fund has their own criteria that need to be met for a claim to be successful. However, the complexities and difficulties present should certainly not prevent one from making a claim as the benefits can be substantial when it is successful.

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