TPD, Income Protection and Superannuation Claims in Queensland
18th November 2025
What types of injuries, illnesses or medical conditions can result in a TPD or income protection claim?
Many different injuries, illnesses or other medical conditions could be the cause behind your TPD or income protection claim. These can include:
- Work injuries
- Sports injuries
- Car accident injuries
- Heart attack
- Cancer
- Stroke
- Psychological conditions such as anxiety, depression, post-traumatic stress disorder, and so forth
- Chronic illnesses
If you are uncertain whether your injury, illness or medical condition may be covered by your policy, get in touch with our experienced team and we can assist with reviewing your policy inclusions and exclusions.
Can You Make a TPD or Income Protection Claim in Addition to a Personal Injury Claim
TPD and income protection claims operate separately to a personal injury claim, meaning that you are not precluded from making a TPD or income protection claim just because you:
- Are receiving workers’ compensation wage benefits.
- Are pursuing a personal injury claim for compensation for your injury/illness.
You can receive TPD or income protection benefits alongside a negligence payout because they arise from a contract with your insurer via your super fund, not from the court process.
- Your injury or illness has been caused by the negligence or fault of any other party.
- Your injury or illness is work-related.
- Your injury or illness were caused by a car accident.
What type of payments might you be entitled to under a TPD or income protection policy?
If you are permanently unable to work because of injury or illness, you may be entitled to:
- A TPD Payout – This can either be paid as one lump sum or in instalments over a set period of time.
- Income protection payments – These are generally weekly, fortnightly or monthly payments representing a pre-agreed portion of your wage. There will commonly be a “cap” on the period over which these payments will be made, for example, a two-year period.
What is the difference between a TPD claim and an income protection claim
Generally, for an income protection claim, you do not need to prove that your injury or illness has resulted in a permanent inability to work. Instead, you usually must only establish that the injury or illness has resulted in you being unable to work for a specific period of time (this timeframe depends on the policy but may be, for example, 6 months). If you meet your policy’s requirements, you are usually entitled to receive a portion of your wages (usually around 80%), paid either weekly, fortnightly, or monthly.
On the other hand, a TPD claim is for when you are permanently unable to return to work because of injury or illness. If you meet your policy’s requirements, you are usually entitled to a lump sum payout. This payout can either be paid into your superannuation policy or directly to you.
You are usually entitled to claim both TPD and income protection benefits, but your policy may preclude you from receiving both benefits at the same time. For instance, some TPD payouts will automatically bring an end to income protection payments. It is therefore critical to obtain legal advice before pursuing any TPD or income protection claim to ensure you fully understand your rights.
Why Some People Lost Their Cover and Didn’t Know
In 2019, the federal government introduced theProtecting Your Super (PYS) reforms to safeguard inactive super accounts from being drained by fees and insurance premiums.
While well‑intentioned, ASIC and APRA later found some super funds:
- Cancelled members’ insurance with little or no warning.
- Failed to clearly explain what was being removed.
- Left members unprotected when they suddenly needed to make a claim.
If your super account was inactive or had a low balance at the time, there’s a real chance your TPD or income protection cover was cancelled.
Checking now could make a huge difference to your future.
What Requirements Need to be Met to Make a TPD Claim
To work out whether you will be successful in a TPD claim, the terms and conditions of the policy must be obtained and reviewed carefully. Importantly, you must determine what the definition of “Total and Permanent Disablement (TPD)” is under the particular policy.
There are generally two different definitions that are used in TPD claims:
- That the person is unable to return to the occupation that they were employed as at the date of disablement (“date of disablement” is also defined in each policy but broadly refers to the date the injury or illness kept the person permanently off work). This definition is commonly referred to as the “own occupation” definition; OR
- That the person is unable to work inanyoccupation for which they are reasonably suited by their education, training, experience or qualifications. This definition is commonly referred to as the “any occupation” definition.
The broad nature of the “any occupation” definition makes it a much more difficult claim to pursue. For that type of claim, you must not just show that you cannot return to your usual occupation, but you must set out to the TPD insurer all your education, training, experience and qualifications. You must be able to show that the injury or illness totally incapacitates you for any occupation which would suit all your education, training, experience and qualifications.
Own Occupation: Covers Your Specific Job
You are covered if you cannot work in your usual job or the job that is specified in the policy.
Any Occupation: Covers Every Suitable Job
Example:
Tip: Own occupation cover is generally easier to claim on, but any occupation claims can succeed if your limitations genuinely prevent you from performing work you are qualified for.
How to Check Your Super Insurance
- Is my TPD cover active?
- Is it own occupation or any occupation?
- Do I have income protection too?
- When was the last change to my policy?
Request copies of:
- Your current insurance policy.
- Your latest Product Disclosure Statement (PDS).
Review amounts and criteria and note benefit values and medical requirements.
The Bottom Line
Disclaimer: This article is general information only and is not intended as legal advice. Every claim is different, and you should consult a qualified compensation lawyer to obtain advice specific to your circumstances.
Ready to Discuss Your Claim?
At AX Compensation Lawyers, we provide compassionate support and expert legal representation to individuals injured in accidents across Queensland. Our dedicated team is committed to helping clients navigate the personal injury claims process with confidence and peace of mind.
