If you have an accident at work which leaves you with a physical injury to your knee(s), your back, shoulders or any other part of your body you are probably entitled to some compensation under your state-based worker’s compensation scheme. In addition to workers compensation statutory benefits, if your injury means that you have to cease working, you may also be entitled to total and permanent disability (TPD) benefits held in your superannuation account.
Compensation under workers compensation schemes
Any worker’s compensation entitlements will vary from state to state and also depend on the circumstances of the injury. Compensation can usually be paid for injuries which are the result of a specific incident or accident or for injuries which relate to repetitive strain or overuse.
Also, you may be entitled to worker’s compensation statutory benefits for psychiatric injuries or illnesses which are related to your work. Again, each state-based system has different ways of working out if you are entitled to compensation (and how much) for psychiatric illnesses or injuries.
TPD benefits payable after injury or illness
In most cases, TPD benefits can be paid in addition to your worker’s compensation benefits.
Because the TPD insurance benefits are held in your super account if your claim is accepted the insurance benefit will be paid into that account. In most states, you are free to access the TPD insurance benefits out of your super without the withdrawal impacting on your ongoing workers compensation entitlements.
However, there are instances where withdrawing the money from super early may impact your worker’s compensation benefits and you should always seek legal and financial advice.
If you have ceased work due to a workplace injury, we recommend that you consider what insurance benefits are held in any super accounts you have (if you have multiple accounts, you may be able to make multiple claims) and if you are entitled to make a claim.
In most cases, if your workplace injury means that your ongoing and future work capacity is impacted, you will be entitled to claim a lump sum benefit. Claiming these benefits, in addition to your workers' compensation benefits, can provide a substantial source of additional income which you can use to pay off debts or assist with day-to-day living. These benefits can change lives.
At Berrill & Watson, we’re experts in TPD insurance claims. If you’re unsure about how to claim or whether you have a claim or you’re having problems with a claim you have lodged (for example it’s taking a very long time), feel free to get in touch with today’s blog writer, Tom Cobban.
Or you can contact us directly by phone or email. It costs you nothing to find out what your rights and entitlements are.
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