Disclaimer – This article contains general information and education only. It should not be relied upon as financial or legal advice. Fee structures and disbursement arrangements may differ between law firms. Before instructing a lawyer to lodge a TPD claim in Queensland, always ask for a clear, written costs agreement.
For Queenslanders forced to stop working due to injury or illness, the thought of hiring a lawyer for a Total and Permanent Disability (TPD) claim often revolves around one central question:
“How much will this cost me up front?”
The good news is that in Queensland, most specialist TPD lawyers work on a No Win, No Fee basis. This means you don’t pay legal fees if your claim is not successful.
As with any contract, there are details to be aware of: the mechanics of the arrangement, how disbursements are handled, and what to expect at the end of the process.
This guide explains what “No Win, No Fee” really means for TPD claims in Queensland, including:
- How these fee structures work.
- What costs may still be incurred during your claim.
- Examples of fee arrangements and payout scenarios.
- Tips to ensure you are protected.
No Win No Fee – what does it mean?
| Aspect | Explanation |
|---|---|
| Legal fees | You do not pay your lawyer’s professional fees unless your claim is successful. |
| If your claim succeeds | The lawyer deducts their agreed fees from your payout (see costs agreement). |
| If your claim fails | You do not pay your lawyer’s professional fees. |
| Peace of mind | Removes the fear of paying legal fees while you are out of work. |
✅ No upfront legal fees
✅ You only pay if your claim is successful
What about disbursements?
Disbursements are the out-of-pocket costs incurred to run your case. They can include:
- Specialist medical reports
- Independent medical examinations (IMEs)
- Vocational or functional capacity assessments
- Court or tribunal filing fees (if you need to appeal)
| Approach | What it means for you |
|---|---|
| Law firm pays upfront | The law firm covers disbursements and recovers them from you only if you win. |
| Client pays upfront | Some firms may ask you to contribute during the claim (rare for TPD cases). |
| Hybrid approach | Larger disbursements are discussed, but most are covered by the law firm. |
At most Queensland-based TPD law firms (including ours), disbursements are covered upfront so you are not out-of-pocket during the life of your claim.
Worked examples
| Example | Scenario | Outcome |
|---|---|---|
| Straightforward claim | Sarah, aged 44, lodges a TPD claim and has strong medical reports supporting her case. No additional IMEs are needed. | No upfront costs. Lawyer’s fixed fee only deducted after payout is approved. |
| Complex claim | John, aged 51, lodges a TPD claim for PTSD. Insurer requires two IMEs that cost $2,000 each. | Law firm pays costs upfront. Fees and disbursements recovered only from payout if claim succeeds. |
| Unsuccessful claim | Ahmed, aged 39, lodges a claim, but insurer rejects and no appeal is possible. | No legal fees payable. If law firm covered disbursements, Ahmed pays nothing. |
Pitfalls to avoid
❌ Assuming every firm covers disbursements — confirm in writing.
❌ Failing to read the costs agreement — this outlines your obligations clearly.
❌ Fearing “hidden fees” — reputable firms provide transparent agreements upfront.
❌ Not asking about fee caps — most firms cap fees to ensure you keep the majority of your payout.
How to protect yourself
| Step | Why it matters |
|---|---|
| ✅ Ask for a written costs agreement | Guarantees transparency on all fees and disbursements. |
| ✅ Confirm disbursement arrangements | Know whether the firm or you will cover upfront costs. |
| ✅ Clarify fee caps | Ensures you keep most of your payout. |
| ✅ Choose genuine “No Win, No Fee” firms | Avoid firms with exclusions that still leave you at risk. |
FAQs
Do I have to pay anything upfront to start my TPD claim?
Usually no. Most Queensland law firms operate on No Win, No Fee and cover disbursements upfront.
If my claim fails, do I owe the lawyer anything?
No legal fees are payable. At our firm, we also absorb disbursements so you owe nothing.
Will the lawyer take a percentage of my payout?
Not automatically. In Queensland, most TPD lawyers charge fixed or capped fees rather than percentages.
Can I change lawyers during my claim?
Yes, but you may need to pay for work already done by the first lawyer. Always check agreements.
Key takeaways
- Most Queensland TPD lawyers use a No Win, No Fee model.
- ✅ No upfront legal fees
- Disbursements (e.g., medical reports) are usually covered upfront and only recovered if you win.
- Always confirm fee arrangements and disbursement handling in writing.
- Fee caps help ensure you retain the majority of your payout.
A Total and Permanent Disability (TPD) claim is a stressful enough experience without having to worry about the financial commitment of paying lawyers upfront.
The right No Win, No Fee arrangement takes the financial risk off your shoulders. With most reputable Queensland firms covering disbursements upfront, you should not be out of pocket during the life of your claim.
At TPD Claims Lawyers, we absorb all the financial risk so you can focus on your health and your future. Contact us today for a free, no-obligation consultation to learn more about our fee structure and how we can help you secure your entitlements.
Last updated: 8 September 2025