Delivering outstanding TPD and income protection insurance claims results

Permanent Impairment Claims

If you’ve suffered a lasting injury or loss of function, you may be entitled to a lump sum payment under a permanent impairment policy. Our legal team helps you understand the assessment process, gather the right medical evidence, and secure the compensation you deserve.
Start Your Permanent Impairment Claim

Are you eligible to make a Permanent Impairment claim?

We’ll guide you from start to finish — preparing the paperwork, coordinating medical evidence, and simplifying the process so you know exactly what to expect.
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Our Process

Making the Permanent Impairment Claim Process Clear and Supportive

We guide you through every stage — from confirming eligibility to finalising your claim — with clarity, care, and expertise, ensuring you understand the process and feel supported throughout.

Confirm Your Full Entitlement

01. Eligibility Review
We check if you qualify for permanent impairment benefits by assessing your medical condition, impairment level, and policy thresholds to confirm you meet the required criteria.
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Gather Policy & Evidence

02. Document Collection
We obtain your impairment policy documents and collect key evidence such as medical reports, specialist assessments, and employment history to support your claim.
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Prepare a Claim Submission

03. Claim Preparation
We prepare a strong and detailed submission with medical assessments, functional capacity reports, and supporting records to fully demonstrate your impairment and entitlement.
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Lodge & Finalise Claim

04. Claim Management
We submit your claim, manage all communication with the insurer or fund, and follow up until your permanent impairment benefit is approved and paid.
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We provide dedicated legal services to help individuals access permanent impairment benefits when injury or illness causes lasting loss of function. Our team ensures the process is managed with clarity and care from start to finish.

Our experienced lawyers guide you through each stage of the claim — from confirming eligibility to finalising payment — tailoring our approach to your circumstances and working to secure the compensation you deserve.

Eligibility for Permanent Impairment Claims

Not every injury or illness meets the threshold for a permanent impairment benefit. Superannuation funds and insurers apply strict definitions and assessment guides when determining eligibility. Our team reviews your condition against these rules to confirm whether you are entitled to claim.

What Is Permanent Impairment Eligibility?

Eligibility usually depends on proving a lasting and measurable loss of function—physical or psychological. Impairment is assessed using medical evidence and impairment rating tables to determine whether the degree of loss meets the thresholds set out in your policy.

Why Is Eligibility Important?

Submitting a claim without meeting the insurer’s definition of impairment can lead to rejection and delays. By confirming eligibility first, we ensure your claim is properly supported and positioned for approval.

Common Challenges in Eligibility

  • Strict thresholds: Policies may require specific impairment percentages that are difficult to prove.
  • Medical disputes: Independent assessments can underestimate impairment levels.
  • Documentation gaps: Missing reports or unclear work restrictions can undermine a claim.

We help overcome these hurdles by coordinating medical evidence, clarifying policy terms, and ensuring all requirements are met.

Why Choose TPD Claims Lawyers?

  • Specialist knowledge: We focus exclusively on superannuation and insurance claims.
  • Thorough preparation: We match medical evidence to policy definitions and impairment guides.
  • Clear guidance: We explain your options in plain language at every step.

Our Services Include:

  • Reviewing policy impairment definitions and thresholds.
  • Assessing medical records and functional assessments.
  • Advising whether your condition meets the required impairment level.
  • Recommending further evidence to strengthen eligibility.
  • Guiding next steps where eligibility is borderline.

By starting with a clear eligibility assessment, TPD Claims Lawyers gives you confidence that your permanent impairment claim is built on the strongest foundation.

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Understanding Impairment Assessments

Permanent impairment claims rely heavily on medical assessments and impairment ratings to determine the extent of your disability. These assessments use strict legal and medical guidelines, making it essential to understand how they are applied to your condition.

What Are Impairment Assessments?

Impairment assessments involve clinical examinations by medical professionals who evaluate the lasting impact of your injury or illness. They use guides such as functional capacity evaluations and impairment tables to calculate a percentage of whole person impairment.

Why Are They Important?

The outcome of your assessment directly affects whether your claim meets the insurer’s thresholds. A low rating can result in a rejected claim, while accurate reporting can secure the benefit you deserve.

Common Challenges in Assessments

  • Inconsistent results: Different doctors may provide varying impairment ratings.
  • Incomplete reports: Missing details or vague conclusions can weaken your claim.
  • Fund-appointed assessors: Independent medical exams arranged by insurers may underestimate impairment levels.

We work with trusted medical experts to ensure assessments are thorough, fair, and reflective of your condition.

Why Choose TPD Claims Lawyers?

  • Expert coordination: We guide you through independent and treating doctor assessments.
  • Detailed preparation: We ensure your medical history and symptoms are clearly documented before assessments.
  • Client advocacy: We challenge unfair or inadequate reports to protect your entitlement.

Our Services Include:

  • Preparing you for medical assessments and evaluations.
  • Reviewing and interpreting impairment ratings against policy criteria.
  • Obtaining independent specialist reports where necessary.
  • Addressing disputes over inconsistent or low impairment ratings.
  • Using assessment results to strengthen your permanent impairment claim.

By managing your impairment assessments with care and expertise, TPD Claims Lawyers ensures your permanent impairment is properly recognised and your claim has the strongest chance of success.

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Medical Evidence & Specialist Reports

Strong medical evidence is at the heart of every permanent impairment claim. Insurers rely on specialist reports, medical records, and diagnostic results to decide whether your impairment qualifies for compensation. Without detailed and accurate evidence, claims are often delayed or rejected.

What Medical Evidence Is Required?

Medical evidence typically includes reports from your treating doctors, diagnostic test results, and detailed assessments of your functional limitations. In many cases, insurers will also request independent specialist reports to verify the severity of your impairment.

Why Is Medical Evidence So Important?

Medical records and specialist reports provide the proof insurers need to confirm your permanent impairment. Comprehensive evidence ensures your claim meets the policy’s definitions and strengthens your case against unnecessary challenges or rejection.

Common Challenges with Medical Evidence

  • Incomplete records: Missing medical history or diagnostic results can weaken your claim.
  • Conflicting opinions: Differences between treating doctors and insurer-appointed specialists can create disputes.
  • Technical language: Complex medical terminology can make it difficult for claimants to understand their reports.

We ensure your medical evidence is complete, consistent, and accurately reflects the extent of your impairment.

Why Choose TPD Claims Lawyers?

  • Expert coordination: We liaise directly with doctors and specialists to secure the right reports.
  • Clarity: We explain medical evidence in plain terms so you understand how it supports your claim.
  • Proactive support: We obtain additional reports where necessary to close gaps and strengthen your case.

Our Services Include:

  • Collecting medical records and diagnostic test results.
  • Coordinating independent specialist assessments when required.
  • Reviewing reports to ensure accuracy and completeness.
  • Challenging insurer-appointed reports that undervalue impairment.
  • Presenting medical evidence in a clear, compelling format for submission.

By managing your medical evidence and specialist reports with care, TPD Claims Lawyers maximises the strength of your permanent impairment claim and improves your chances of success.

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Impairment Ratings & Thresholds

Permanent impairment claims are often assessed against strict thresholds set out in insurance policies and medical guidelines. These ratings are used to measure the level of impairment and determine whether you qualify for a benefit payout.

What Are Impairment Ratings?

Impairment ratings are percentages assigned by medical specialists based on your loss of function. They reflect how much your injury or illness has reduced your ability to perform normal activities or work-related tasks.

Why Do Thresholds Matter?

Insurers require claimants to meet minimum thresholds before compensation can be paid. For example, a policy may state that you must have at least a 15% whole person impairment to qualify for benefits. Meeting or exceeding these thresholds is crucial for claim approval.

Common Challenges with Impairment Ratings

  • Disputes over percentages: Doctors may disagree on the level of impairment.
  • Strict policy requirements: Some insurers set high thresholds that are difficult to meet.
  • Complex assessment guides: Medical guides used to calculate ratings can be confusing for claimants.

We help you navigate these challenges by coordinating accurate assessments and ensuring ratings are applied correctly.

Why Choose TPD Claims Lawyers?

  • Expert knowledge: We understand how insurers apply thresholds and prepare your claim accordingly.
  • Specialist coordination: We work with medical professionals who provide detailed, accurate impairment assessments.
  • Proven advocacy: We challenge unfair assessments to protect your entitlement.

Our Services Include:

  • Explaining the impairment rating system in clear, simple terms.
  • Coordinating medical assessments by trusted specialists.
  • Reviewing insurer thresholds and applying them to your case.
  • Challenging low or inconsistent impairment ratings.
  • Maximising your claim by ensuring all impairments are assessed.

By managing impairment ratings and thresholds carefully, TPD Claims Lawyers ensures your permanent impairment claim is supported by strong evidence and meets all policy requirements.

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Interaction with Workers’ Compensation & Other Schemes

Permanent impairment benefits often overlap with other schemes such as workers’ compensation, motor vehicle accident compensation, or Centrelink payments. Understanding how these schemes interact is critical to maximising your entitlements and avoiding double-counting or deductions.

What Does Interaction Mean?

When you receive compensation from more than one scheme, insurers or funds may offset payments against each other. For example, a workers’ compensation lump sum could reduce the amount payable under your permanent impairment policy.

Why Is This Important?

Failing to understand these interactions may lead to reduced payouts or unexpected deductions. By properly managing claims across multiple schemes, you can ensure you receive the maximum benefits you are entitled to.

Common Challenges with Overlapping Schemes

  • Offsets & Deductions: Insurers may reduce payments if you’ve already received compensation elsewhere.
  • Complex Rules: Different schemes have separate legislation and rules for how benefits interact.
  • Timing Issues: Claiming in the wrong order can result in less overall compensation.

We help you avoid these pitfalls by carefully reviewing all schemes you may be entitled to and planning your claims strategy.

Why Choose TPD Claims Lawyers?

  • Holistic Approach: We review all possible entitlements across workers’ comp, insurance, and superannuation.
  • Expert Guidance: We explain how payments interact so you know what to expect.
  • Maximised Outcomes: We develop strategies to reduce offsets and maximise your total payout.

Our Services Include:

  • Reviewing your entitlements across workers’ compensation, superannuation, and insurance schemes.
  • Advising on the order and timing of claims to maximise benefits.
  • Challenging incorrect offsets or deductions by insurers.
  • Coordinating evidence and documentation for multiple claims.
  • Ensuring you comply with all scheme-specific rules and time limits.

By managing the interaction between permanent impairment claims and other schemes, TPD Claims Lawyers help you achieve the best possible financial outcome with confidence.

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Preparing & Lodging Your Claim

A strong permanent impairment claim depends on detailed preparation and accurate lodgement. Our team ensures all medical reports, assessments, and supporting documents are compiled correctly and submitted to your insurer or superannuation fund in a way that maximises your chance of approval.

What Does Preparing & Lodging Involve?

We coordinate with your doctors, gather medical and employment records, and prepare the necessary claim forms. Once complete, we lodge your claim with the insurer or fund and ensure it is tracked from start to finish.

Why Is This Step Important?

Poorly prepared claims are often delayed or rejected. By preparing thoroughly and lodging correctly, we reduce the risk of setbacks and help secure your benefits sooner.

Common Challenges in Claim Preparation

  • Incomplete Evidence: Missing or conflicting medical reports can stall your claim.
  • Complex Forms: Insurer and fund requirements are often highly technical and confusing.
  • Delays: Incorrect or incomplete submissions can result in lengthy wait times.

We minimise these risks by carefully preparing each part of your claim and ensuring every detail aligns with insurer requirements.

Why Choose TPD Claims Lawyers?

  • Thorough Preparation: We gather all relevant records and evidence upfront.
  • Legal Expertise: We know how insurers assess impairment claims and tailor submissions accordingly.
  • Ongoing Support: We keep you informed and handle all communication with the fund or insurer.

Our Services Include:

  • Drafting and completing claim forms and submissions.
  • Collecting medical, employment, and financial records to support your case.
  • Lodging claims with insurers or superannuation funds.
  • Responding to insurer requests for clarification or additional documents.
  • Providing updates on expected timeframes and outcomes.

By preparing and lodging your permanent impairment claim with precision, TPD Claims Lawyers give you the best chance of a smooth process and successful result.

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Challenging Impairment Decisions

Sometimes insurers or superannuation funds unfairly reject permanent impairment claims or assess the impairment rating at a lower level than justified. Our team specialises in challenging these decisions, ensuring you receive the full benefit you are entitled to under your policy.

What Does Challenging a Decision Involve?

We carefully review the reasons for rejection or downgrade, identify errors in the insurer’s assessment, and gather further medical or vocational evidence to dispute the decision. Where necessary, we escalate the matter through formal dispute resolution channels.

Why Is This Step Important?

A rejected or downgraded claim can significantly reduce the financial support you receive. By challenging the decision, we protect your rights and maximise your compensation.

Common Issues in Impairment Disputes

  • Incorrect Assessments: Impairment ratings are often undervalued or incorrectly applied against statutory tables.
  • Incomplete Evidence: Key medical or functional reports may have been ignored or not properly considered.
  • Procedural Errors: Insurers may misinterpret policy definitions or fail to follow correct procedures.

We address these issues by ensuring your evidence is comprehensive and your claim is presented forcefully and accurately.

Why Choose TPD Claims Lawyers?

  • Specialised Expertise: We focus solely on TPD and insurance-related claims, including permanent impairment disputes.
  • Strong Advocacy: We represent you in negotiations, insurer reviews, and external complaints.
  • Proven Success: Our track record shows we regularly overturn unfair rejections and achieve better outcomes for clients.

Our Services Include:

  • Reviewing rejection letters and impairment assessment reports.
  • Obtaining independent medical or functional capacity assessments.
  • Preparing submissions to dispute insurer or trustee decisions.
  • Escalating complaints to the Australian Financial Complaints Authority (AFCA) if required.
  • Providing clear advice on your options at each stage.

By challenging unfair impairment decisions, TPD Claims Lawyers help you secure the compensation you are rightfully entitled to and protect your financial future.

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Taxation of Permanent Impairment Benefits

Permanent impairment payouts can provide important financial support, but they may also have tax implications. Understanding how these benefits are taxed ensures you can plan effectively and avoid unexpected liabilities.

What Does Taxation Involve?

The tax treatment of impairment benefits depends on several factors, such as whether the payment comes from a superannuation fund, the type of insurance cover, and your age at the time of payment. Some portions may be tax-free, while others are taxed at concessional rates.

Why Is This Step Important?

Failing to account for tax obligations can reduce the value of your payout. By structuring and planning ahead, you can maximise the amount you retain and avoid compliance issues with the Australian Taxation Office (ATO).

Common Issues in Taxing Impairment Benefits

  • Confusion Between TPD and Impairment Payments: Each benefit type is taxed differently under superannuation law.
  • Age-Based Tax Rules: Payments may be treated differently if you are under preservation age or over retirement age.
  • Incorrect Reporting: Misreporting benefits can lead to penalties or reduced entitlements.

We help you understand the structure of your benefit and plan for the after-tax outcome.

Why Choose TPD Claims Lawyers?

  • Specialist Guidance: We work with tax professionals to ensure accuracy in benefit reporting.
  • Clear Advice: We explain your likely tax obligations in plain language.
  • Integrated Support: We factor taxation into your overall claim strategy so you know the true value of your payout.

Our Services Include:

  • Explaining the tax treatment of permanent impairment benefits.
  • Identifying tax-free and taxable components of your payout.
  • Liaising with accountants and financial advisers where required.
  • Ensuring correct reporting to the ATO and your superannuation fund.
  • Advising on strategies to maximise your after-tax benefit.

By understanding the taxation of impairment payouts, TPD Claims Lawyers ensure you retain as much of your benefit as possible and avoid unexpected financial setbacks.

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Eligibility & Factors

Key criteria for Permanent Impairment claims

  • Interaction with Other Schemes: Payments may be reduced or offset against workers’ compensation or other statutory benefits.
  • Employment Impact: Demonstrating how the impairment permanently restricts your ability to work in your field or occupation.
  • Time Limits: Strict deadlines apply for lodging claims, varying by policy or legislation.
  • Tax Treatment: Impairment payouts may be treated differently from TPD or income protection benefits under tax law.
  • Degree of Impairment: Benefits depend on the percentage of permanent loss of function determined by medical guidelines.
  • Impairment Thresholds: A minimum level of impairment must usually be met before compensation is payable.
  • Medical Certification: Independent medical specialists often need to confirm the extent and permanence of your condition.
  • Causation: The impairment must be linked to an illness, injury, or condition covered by the policy or scheme.
Why Choose TPD Claims Lawyers

Supportive. Focused. Proven.

We help you access TPD, income protection, and death benefit payouts — with expert guidance and real results.

  • Fast Response Times
  • Specialist Legal Team
  • No Win, No Fee
  • Clear Legal Guidance
  • Trusted Claim Process
  • Client-Focused
2
days
Average time to complete an initial claim review.
10
hrs
Average response time to new client enquiries.
80
%
TPD Claims Approved
Core Values

Guided by experience, driven by results

We are dedicated to helping Australians access their full insurance entitlements with clarity, compassion, and persistence. Our values shape how we approach every claim and how we support every client.
Our Mission

TPD Claims Lawyers is a specialist legal team dedicated to helping Australians access their full insurance entitlements when injury or illness prevents them from working. As part of the Carter Capner Law group, we proudly carry on a tradition of legal excellence that spans over 75 years.

Our mission is to apply our deep knowledge of TPD, income protection, and death benefit claims to deliver legal outcomes that truly support our clients’ financial recovery and peace of mind. We aim to simplify complex processes and provide guidance every step of the way.

We are committed to acting with compassion, integrity, and precision — anticipating obstacles and addressing them with strategy and care to achieve the best result possible for every client.

Our Approach

Exceptional legal service is about more than just lodging forms — it’s about supporting you through one of life’s most difficult moments with clarity, compassion, and experience.

We understand that every person’s situation is unique. Whether you’re navigating a Total and Permanent Disability (TPD) claim, pursuing income protection benefits, or seeking a death benefit after losing a loved one, we take the time to learn about your circumstances in full. We don’t just process claims — we listen, investigate, advise, and act in your best interests at every stage.

Our firm is built around a simple but powerful idea: people first. We take a compassionate, client-focused approach that makes legal processes less overwhelming. We cut through complexity and communicate in plain language — not legal jargon — so you feel informed and empowered from start to finish.

To ensure your matter progresses efficiently, we use up-to-date case management systems that allow our team to provide real-time updates. You’ll never be left wondering where your claim stands — and we’re always available to answer questions when you need us.

frequently asked questions

A Permanent Impairment claim provides compensation when you’ve suffered a lasting loss of function due to illness or injury, even if you can still perform some work.

No. These claims focus on your level of impairment, not who caused your condition.

Timeframes vary depending on medical assessments, insurer reviews, and whether additional evidence is requested, but most claims take several months.

Anyone covered under a superannuation fund, workers’ compensation scheme, or insurance policy that includes permanent impairment benefits.

You’ll generally need medical reports, impairment assessment certificates, employment history, and any relevant policy or scheme documentation.
If denied or delayed, you can challenge the decision through internal reviews, dispute resolution bodies, or legal proceedings with our help.
Yes. Each scheme or insurer has strict deadlines for lodging claims — missing them can prevent you from receiving benefits.
While not mandatory, a lawyer ensures your claim is properly prepared, supported with the right evidence, and actively managed to avoid unnecessary setbacks.
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