A traumatic brain injury can change a person’s life suddenly and in ways that are not always immediately visible. While physical recovery may occur over time, many people are left with ongoing cognitive, emotional, or functional challenges that make returning to work difficult or no longer realistic.
Alongside recovery and rehabilitation, another major concern often arises – how to support yourself financially if work is no longer an option.
At Superlaw Claims, you can be confident that our team deeply understands both the medical issues involved in traumatic brain injury and the laws affecting your rights and entitlements. Our team has helped many people living with TBI understand what they may be entitled to and guide them through the claims process.
Can I Claim Income Protection With a Traumatic Brain Injury?
Income protection insurance can sit within your super or outside of it. Many Australians don’t realise they already have this cover.
Typically, income protection pays a percentage of your usual income after a waiting period, often 30 to 90 days, for a set period depending on your policy.
Unlike a TPD claim, income protection doesn’t require you to prove you’ll never work again. It simply recognises that, because of illness or injury, you’re unable to work for the time being.
For people living with the effects of a traumatic brain injury, income protection can provide valuable financial support while recovering or adjusting to the long-term effects of the injury.
It is often considerably more generous than relying on Centrelink benefits.
Many of our clients are relieved to discover they already have this insurance through their superannuation.
Does a Traumatic Brain Injury Qualify for a TPD Claim?
Yes.
A traumatic brain injury can qualify for a TPD claim if it has stopped you working in your usual occupation and it is unlikely you’ll be able to return to suitable work in the future.
The effects of a brain injury vary enormously from person to person. Some people recover well, while others continue to experience lasting physical, cognitive or emotional difficulties that make working impossible.
The wording of your insurance policy is important because not every TPD policy is the same. We can review your cover and explain whether you’re likely to qualify.
Does the severity of my traumatic brain injury affect my claim?
Not necessarily.
Two people may have experienced very similar injuries but have completely different outcomes.
The important question isn’t what your injury is called, but how it affects your ability to work.
For some people, ongoing fatigue, memory problems, difficulty concentrating or changes in behaviour can have just as much impact on employment as physical disability.
The key question is always: what can you no longer do, and does that prevent you from doing work you’re reasonably suited to?
What if my traumatic brain injury improves after treatment?
Many people continue to improve after a traumatic brain injury, particularly during rehabilitation.
That doesn’t automatically mean you can return to work.
Some people are left with lasting difficulties that aren’t immediately obvious to others, including problems with concentration, planning, memory, communication or emotional regulation.
We’ve successfully helped many people whose symptoms have improved significantly but who still cannot realistically return to employment.
How Does the TPD Claims Process Work?
A TPD claim starts with us getting a clear understanding of your condition and how it’s affecting your ability to work.
We then pull together the medical records, specialist reports and employment history needed to support your claim, and take care of the process from there, working directly with your super fund and insurer so you can focus on your recovery and your family.
FAQs
Absolutely. The cause of your injury does not determine whether you're entitled to a TPD benefit.
If your injury prevents you from working and you meet your policy's definition of TPD, you may have a claim.
Depending on how the injury occurred, you may also have other compensation entitlements. We can explain how these different claims may work together.
Not at all. In fact, many people continue working for months or even years before the longer-term effects of a brain injury make employment unrealistic.
The key issue is your current and likely future ability to work, not when the injury occurred.
Yes. The effects of a traumatic brain injury are not always physical.
Memory difficulties, reduced concentration, mental fatigue, slower thinking and changes in behaviour can all affect your ability to work and may support a TPD claim.
We'll explain what information is needed to properly present your circumstances.
No.
Super funds don't automatically assess or lodge TPD claims for their members.
A formal claim must be made, and the process can often feel overwhelming at a time when you're already dealing with significant health challenges.
We're here to take that burden off your shoulders.
Yes.
Psychological conditions that develop as a result of a traumatic brain injury can form part of a TPD claim and may also be considered on their own.
We'll carefully consider your entire medical situation and advise you.
A declined claim doesn't necessarily mean the end of the road.
Superlaw Claims successfully assists people with rejected and disputed claims every day. We'll review why the claim was refused, explain your options and advise on the best path forward.
Living with the effects of a traumatic brain injury is challenging enough without having to navigate a complex insurance process on your own.
If you’re unable to work and aren’t sure what insurance you may have, a free assessment with Superlaw Claims is a simple first step – no stress.
Our team has helped thousands of Australians in similar situations understand what they’re entitled to and pursue claims they didn’t realise they had.
Get in touch today – it costs absolutely nothing to find out where you stand.
