If you’ve suffered a serious injury or illness and can no longer work, you may be wondering whether you can claim both workers compensation benefits and a Total and Permanent Disability (TPD) benefit through your superannuation fund.

The good news is that in many cases, you can pursue both claims at the same time.

What Is a Workers Compensation Claim?

Workers compensation provides benefits to workers who are injured or become ill as a result of their employment.

Depending on the circumstances, these benefits may include:

• Weekly income payments;
• Medical and treatment expenses;
• Rehabilitation and return-to-work assistance;
• Lump sum compensation for permanent impairment; and
• In some cases, common law damages.

The purpose of workers compensation is to provide financial and practical support following a work-related injury or illness.

What Is a TPD Claim?

A TPD claim is different to a workers compensation claim.

Most superannuation funds include some form of TPD insurance. A successful TPD claim may provide a lump sum payment where an injury or illness prevents you from returning to work in your occupation, or in any occupation for which you are reasonably suited by education, training or experience.

Importantly, a TPD claim does not need to arise from a work-related injury. It may relate to any injury or illness that prevents you from working.

Can I Make Both Claims?

In many situations, yes.

A worker who suffers a serious workplace injury may be entitled to receive workers compensation benefits while also pursuing a TPD claim through their superannuation fund.

For example, a worker may:

• Receive weekly workers compensation payments while unable to work;
• Have medical treatment funded through workers compensation; and
• Lodge a TPD claim seeking a lump sum benefit through their superannuation fund.

Because the two schemes serve different purposes, eligibility for one does not automatically prevent a claim under the other.

Will One Claim Affect the Other?

Potentially.

Whilst it is often possible to pursue both claims, there can be interactions between the schemes that need to be carefully considered.

Issues may arise regarding:

• The medical evidence relied upon;
• Statements about work capacity;
• Centrelink entitlements;
• Tax implications; and
• The timing of claims and settlements.

In some circumstances, the outcome of one claim may have consequences for the other. For this reason, it is important to obtain advice before making significant decisions about either claim.

Why Early Advice Matters

TPD claims and workers compensation claims can be complex. Obtaining advice early can help ensure:

• Appropriate medical evidence is obtained;
• Your entitlements are properly explored;
• Potential conflicts between claims are identified; and
• Important time limits are not missed.

Every situation is different, and the interaction between workers compensation and TPD benefits can vary significantly depending on your circumstances.

How We Can Help

If you’ve suffered an injury or illness and are unsure whether you may be entitled to workers compensation benefits, a TPD benefit through your superannuation fund, or both, our team can help assess your options and explain your entitlements.

At Don Cameron & Associates, we regularly assist injured Australians with both workers compensation and TPD claims, helping them understand and access the support available to them when they need it most.