Accredited specialists representing people facing permanent illness or injury in Total and Permanent Disability (TPD) claims.
What we can help you with.
We have the highest expertise in handling all insurance claim types, including:
- TPD claims through superannuation
- Standalone or employer-funded TPD policies
- “Own occupation” TPD claims
- “Any occupation” TPD claims
- Mental health and psychological TPD claims
- Physical injury and illness TPD claims
- Denied or delayed TPD claims
Free initial consultation
You speak directly with an experienced TPD lawyer who reviews your medical condition, employment history, and insurance cover to assess whether you may meet the TPD definition and outlines what to expect from the process ahead.
We lodge your claim
We analyse your superannuation fund rules and insurance policy, prepare the required claim documentation, and formally lodge your TPD claim with the insurer and trustee to protect your position from the outset.
Support throughout your claim
We manage medical and vocational evidence, handle insurer and trustee communications, and respond to further information requests - so you can focus on your recovery and long-term stability.
Resolution and entitlement
If your claim is accepted, we ensure your full entitlement is paid correctly. If it is delayed, reduced, or denied, we challenge the decision through review or legal proceedings to protect your rights.
With office locations in Brisbane, Logan, Ipswich, Gold Coast, Sunshine Coast and Toowoomba, you can easily meet with us in person. We also provide phone or online consultations, and can even come to you if needed.
Who can make a TPD claim?
- Superannuation fund members with TPD cover
- Workers unable to return to suitable employment
- People with permanent physical disability
- People with permanent psychological injury
- Former employees and contractors with retained cover
- Families of deceased claimants (where a TPD benefit was payable)
Eligibility depends on the specific circumstances. A short discussion with a TPD lawyer is usually enough to confirm where you stand.
Fewer than 2% of Queensland personal injury lawyers hold Queensland Law Society Accredited Specialist status, recognising the highest level of industry expertise, experience, and ethical standards.
Unlike many firms, we don’t add extra percentages or “success fees” to your settlement. This means you keep the maximum compensation you are entitled to.
We cover all your evidence costs upfront, including medical reports, so you’re not out of pocket while your case is ongoing.
We actively guide you through each stage of the process, explain what to expect and when, and provide practical support through the personal and financial challenges that can follow injury or illness.
Beyond "No Win No Fee"
Most Queensland injury firms advertise "No Win No Fee". What matters is how that actually works in practice - and where the financial risk really sits during your claim.
At Gain Lawyers, we take No Win No Fee literally. You don't pay anything upfront and nothing while your claim is ongoing. We cover the cost of medical reports and other expert evidence as the case progresses, so you're not out of pocket while focusing on your recovery.
If your claim succeeds, you pay our professional fees from the settlement. We don't charge uplift or "success" fees - many firms add up to 25% on top of their costs, but we believe compensation for injury should go to you.
If your claim is unsuccessful, you don't pay our legal fees or the evidence costs we've incurred. We write those costs off entirely.
Your claim, your Gain.
Jeremy Roche, Director At Gain
How TPD compensation claims work in Australia
Total and permanent disability (TPD) compensation claims arise where a person seeks a lump sum payment under an insurance policy after becoming permanently unable to work due to illness or injury. These claims are not based on fault and do not depend on how the injury occurred.
Understanding how TPD claims operate - including how disability is defined, how evidence is assessed, and who ultimately determines entitlement - is central to understanding how outcomes are reached.
The legal framework for TPD claims
TPD claims are governed by insurance contract law and, where the policy is held through superannuation, by superannuation legislation and trustee obligations. Unlike personal injury or negligence claims, entitlement does not depend on proving fault. It depends entirely on whether the claimant satisfies the specific definition of “total and permanent disability” contained in the policy.
In practice, the structure and progression of the claim follows the broader insurance claim process (How To Make An Insurance Claim?), where policy wording is applied strictly to medical and vocational evidence rather than to broader notions of fairness or hardship.
TPD definitions and eligibility thresholds
A central issue in every TPD matter is how disability is defined within the policy. Some policies require proof that a person is unlikely to ever return to their own occupation. Others require proof that they are unlikely to return to any occupation for which they are reasonably suited by education, training, or experience.
Because definitions vary significantly between policies, entitlement ultimately turns on how those specific criteria are structured - an issue explored in detail within TPD eligibility and benefits (Eligibility and Benefits of TAC claims).
The role of superannuation funds and trustees
Most TPD insurance in Australia is held within superannuation. In those cases, the claim decision often involves both the insurer and the superannuation trustee, who must separately consider whether the benefit can be released.
These layered decision-making structures sit within broader superannuation insurance frameworks (What Is Superannuation and How It Works), and they frequently introduce additional complexity, delay, or dispute.
Evidence and medical assessment in TPD claims
TPD claims are evidence-intensive. Insurers and trustees rely on medical reports, specialist opinions, functional capacity assessments, employment history, and vocational evidence when determining whether the policy definition has been met.
Unlike workers’ compensation schemes, there is no staged progression of benefits. The evidence must demonstrate permanent incapacity at the time of assessment, which often leads to disputes where a condition is serious but still evolving or where capacity is interpreted differently by treating doctors and insurer-appointed assessors.
When TPD claims are denied or delayed
TPD claims are frequently denied where insurers argue that some work capacity remains or that permanency has not been established. Delays may also occur due to repeated requests for additional medical material or ongoing reassessment of capacity.
Where that occurs, the issues typically mirror those seen in rejected TPD claims (What to Do If Your Tpd Claim Is Rejected?), particularly around interpretation of capacity and application of policy definitions.
Time limits and procedural requirements
Time limits can apply to Total and Permanent Disability (TPD) claims, particularly where the policy is held within superannuation. These limits may arise from policy terms, trustee review processes, or general statutory limitation principles.
Unlike negligence claims, there is no single uniform limitation period that applies to all TPD matters. In some cases, delay may affect access to internal review processes or external dispute resolution. In others, limitation periods may run from the date of disablement, the date of denial, or the date of breach of contract, depending on the structure of the policy and the nature of the dispute.
Because delay can materially affect entitlement or review rights, understanding insurance limitation periods (Statute of Limitations: Purpose, Types and Examples in Australia) is important in TPD matters. Early assessment of timeframes can prevent avoidable procedural risk.
3 things to know about TPD claims in QLD
“I was out of my depth making a claim, but Jeremy made me feel at ease the whole way through. I was so confident in him right from the start and he did a fantastic job. He genuinely cared about me.”
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TPD claims lawyer FAQs (QLD)
What does “total and permanent disability” actually mean?
It does not mean you must be completely incapacitated. Each TPD policy contains its own definition. Some assess whether you are unlikely to return to your own occupation. Others assess whether you are unlikely to return to any occupation suited to your education, training, or experience. The wording of your specific policy determines which threshold applies
Do I have to prove someone was at fault to make a TPD claim?
No - TPD claims are not fault-based. A TPD claim is a contractual insurance claim. The issue is whether your medical condition meets the policy definition, not how the illness or injury occurred.
Possibly - limited work capacity does not automatically prevent a TPD claim. The key question is whether you are unlikely to return to suitable employment under the policy definition. Many TPD claims turn on long-term work capacity rather than whether you can perform small or occasional tasks.
What is the difference between “own occupation” and “any occupation” TPD?
The difference can determine whether your TPD claim succeeds. An own occupation policy assesses whether you can return to the specific job you were performing when you became disabled. An any occupation policy assesses whether you can return to any role reasonably suited to your education, training, or experience. The second is generally a stricter test.
How long does a TPD claim usually take?
Most TPD claims take several months to assess. Timeframes depend on medical stability, specialist reporting, and the insurer’s review process. Claims involving disputed work capacity or additional evidence can take longer.
Who decides whether my TPD claim is approved?
If your TPD cover is held through superannuation, more than one party may be involved.
The insurer usually assesses whether the policy definition is met. The super fund trustee then considers whether the benefit can be released under superannuation law. These dual decisions can affect timing and process.
Can I make a TPD claim for a psychological condition?
Yes - many TPD policies recognise permanent psychological injury. The same policy definition applies. The question is whether the condition results in permanent inability to return to suitable employment under that definition.
Is it too early to make a TPD claim?
Timing matters. A claim lodged too early may not reflect a stable picture of long-term capacity. Waiting too long can introduce procedural risk. TPD claims are assessed based on whether permanent incapacity can be demonstrated at the time the decision is made.
What if my TPD claim is denied?
A denial is not necessarily the end of the matter. Claims are sometimes refused because the insurer believes some work capacity remains or that permanency has not been established. Decisions can be reviewed where policy wording or medical evidence has not been properly applied.
I’m worried about legal fees - how does that work?
Initial advice is free, and you pay nothing upfront or while the claim is ongoing.
If your TPD claim succeeds, our professional fees are paid from the outcome. We do not charge uplift or “success” fees, and we cover the cost of medical and vocational evidence as the matter progresses. If a claim is unsuccessful, we write off our fees and evidence costs entirely.
If I contact Gain Lawyers, am I committing to a TPD claim?
No - the initial consultation is free and often useful in its own right.
We use that conversation to assess your circumstances, review how the policy definition may apply, and explain whether a TPD claim appears viable and what the next steps would involve.
In many cases, we can give an early indication about whether proceeding makes sense at all.
The first conversation is about clarity and direction, not obligation.