See the latest awards we have won on our Industry Awards page here

Search

What do the definitions on my TPD Policy mean?

What is TPD and what can I claim?

The definition of Total and Permanent Disability (TPD) differs from claim to claim. However, the term “totally and permanent disability” will usually mean that you have sustained an injury or illness that prevents you from working in your usually occupation.

If you are TPD you may be eligible to claim compensation (money) under your TPD policy.

TPD policies are usually an entitlement under your superannuation policy, however, you may have a separate TPD policy, or your employer may be making contributions into a company TPD insurance policy.

TPD policies and insurance policies generally are complex and difficult to understand. To make things more complicated, each insurance policy has a different set of terms and definitions. What may be the TPD definition under one policy may be entirely different on another policy.

Why is this important to understand the terms of a TPD policy?

It is important to know what the terms in your TPD policy mean as they determine whether you are eligible for TPD compensation.

We have created a list of the most commonly used terms found in TPD policies to make it easier for you to understand your rights and entitlements.

Understanding TPD Terms and Definitions

Unlikely Ever:

Example: “An insured person is Totally and Permanently Disabled if, in our opinion, the illness or injury means that the Insured Person is unlikely to ever work in or attend their usual professional occupation…”

The best way to understand this definition is to look at your capacity to return to work. If there is a chance that you will return to work, even if that chance is less than 50/50 you will not be able to claim TPD benefits.

To be unlikely ever sets a very high threshold. It means that there is almost certain that you will never return to gainful employment as a result of your illness or injury.

To combat this definition, you need to look at the real likelihood of re-entering employment in the future and also address the prospects of being able to undertake the actual employment.

For example, if you may be able to return to work in the future but will require periods of time of work to recover when your symptoms are aggravated you would probably still satisfy unlikely ever and be able to claim your TPD benefit.

Unable Ever:

Example:“Total Disability and Totally Disabled means that as a direct result of suffering an illness or injury an Insured person is unable to ever perform at least one income-producing duty of their regular occupation…”

You are incapable of returning to employment. To combat a term like this it is best to have you’re treating practitioner or an expert report that you are “incapable to ever return to gainful employment”

“Unable ever” does not mean the employment in its entirety so when challenging a decision based on this term, you will need to establish that you cannot undertake certain aspects of the employment.

Retraining:

Example:“In determining our opinion on Total Permanent Disability we will have regard to factors including but not limited to; any retraining or re-skilling that could reasonably be expected to be undertaken by the Insured Member.”

Most TPD definitions have a term that states if you are able to be retrained in any form of employment you will not satisfy the definition for TPD and be eligible for benefits. The Courts have determined that retraining must be reasonable.

If the TPD insurer finds that you can be retrained you may be able to challenge this decision by proving that you are not suited for the training proposed and even if retrained would be precluded from employment due to the nature and extent of your injury or illness.

To challenge the insurers decision based on reasonableness you will need to consider the cost of retraining, the time it will take to be adequately trained, your age and the benefit of retraining, and the connection between previous employment and proposed employment. It may also be necessary to get an opinion from an occupational therapist.

It is important to keep in mind that a short course or training to obtain a licence or labouring ticket is not unreasonable, so long as once obtained you are fit and able to undertake the work.

As can be seen from these definitions, TPD claims are complex. In order to make the claims process smoother and less stressful we advise seeking the assistance of a lawyer to help you complete your claim form, obtain the right medical evidence the first time, and if necessary, request a review decision or take your claim to Court.

Garling & Co Lawyers

Matthew Garling

Matthew Garling is an Accredited Specialist in Personal Injury Law approved by New South Wales Law Society. He is admitted to practice in the Supreme Court of NSW and the High Court of Australia. Matthew is also a member of...
T M
08:15 27 Feb 25
To describe my experience with Garling & Co Lawyers as transformative would be an understatement. From the moment I engaged their services, I was met with a level of professionalism, compassion, and... legal acumen that is truly unparalleled. At the heart of this exceptional team is Mr. Matthew a man whose profound intellect, vast experience, and unwavering commitment to his clients set him apart as one of the finest advocates in the field of personal injury law.Mr. Matthew possesses an extraordinary depth of knowledge, honed by years of navigating the complexities of personal injury claims. His ability to anticipate challenges, strategize effectively, and counteract adversarial tactics is nothing short of remarkable. In my case, where I suffered a debilitating back injury as a result of a workplace accident, the road to recovery both physically and legally felt insurmountable. Insurance companies and medical examiners sought to downplay the severity of my condition, attempting to minimise my impairment rating and deny me the compensation I rightfully deserved. Yet, Mr. Matthew stood firm, refusing to let them diminish the gravity of my suffering.What struck me most about Mr. Matthew and indeed the entire team at Garling & Co is their genuine care for their clients. Mr. Matthew is not merely a lawyer; he is a compassionate advocate who understands the human element behind every case. He listened intently as I described the chronic pain, mobility limitations, and emotional toll caused by my back injury , treating my story with the seriousness it warranted. His internal and external team, equally brilliant and dedicated, worked tirelessly to gather medical evidence, consult specialists, and build an unassailable case that highlighted the true extent of my injuries. Together, they formed an unstoppable force, driven by a shared mission to deliver the best possible result for their clients.The professionalism exhibited by Garling & Co is of such a high caliber that it defies belief. Every interaction was marked by courtesy, precision, and transparency. They communicated with me regularly, keeping me informed at every stage of the process and ensuring I felt empowered rather than overwhelmed. Their ability to simplify even the most intricate legal matters into understandable terms speaks volumes about their expertise and client-centered approach.Thanks to Mr. Matthew and his team, what began as a daunting and disheartening journey ended in triumph. Facing a severe back injury that left me unable to work or enjoy life as I once did, I encountered countless obstacles designed to diminish my claim. Yet, under Mr. Matthew’s guidance, those barriers were dismantled one by one. The result he achieved for me was not just satisfactory it was extraordinary. He secured the maximum compensation I deserved, restoring not only my financial stability but also my faith in the legal system.If you find yourself grappling with the aftermath of a personal injury, whether it be a back injury , workplace accident, or any other trauma, I implore you to place your trust in Garling & Co Lawyers. They are more than capable of turning despair into hope, adversity into victory, and injustice into resolution. With Mr. Matthew leading the charge, you can rest assured that your case will be handled with the utmost integrity, intelligence, and tenacity.In closing, I wish to express my deepest gratitude to Mr. Matthew and the entire team at Garling & Co. You have made an indelible impact on my life, and I will forever be indebted to you for your tireless efforts and unwavering support. To anyone seeking representation that combines brilliance, professionalism, and genuine care, look no further Garling & Co is the epitome of excellence.read more
S Z
07:46 27 Feb 25
I cannot express enough gratitude for the exceptional support and dedication provided by Garling & Co Lawyers, particularly Mr. Matthew, Alison, and their incredible team. They have been nothing... short of a lifeline during one of the darkest chapters of my life a time when I felt abandoned, broken, and unsure if anyone could truly help me.After sustaining multiple disabilities from a workplace injury, I was left grappling with physical pain, emotional turmoil, and overwhelming uncertainty about my future. I had initially turned to another law firm one of those big names everyone talks about but they failed me. Despite their promises and polished reputation, they couldn’t deliver when it mattered most. Faced with insurance medical examiners determined to downplay my injuries and strip away my rights, I felt powerless. It seemed like no one was on my side until I found Garling & Co.From the very first conversation, Matthew, Alison, and the entire team showed me what real compassion looks like. They didn’t just hear my story; they felt it. Every phone call I made was answered with patience and understanding. Every question I had was met with clarity and reassurance. For the first time in months, I felt seen, heard, and valued not as a case file, but as a person.What sets Garling & Co apart isn’t just their unmatched legal expertise it’s their humanity. They understood the weight of what I was carrying, and they carried it with me. Where others saw obstacles too great to overcome, they saw opportunities to fight harder. Their wisdom, determination, and relentless pursuit of justice transformed a losing case into a victory that exceeded all expectations.The difference between my previous lawyers and Garling & Co? Heart. My former lawyers treated my case like a transaction; Garling & Co treated it like a mission. They refused to let the insurance company minimize my suffering or dismiss my struggles. Instead, they fought tooth and nail to secure the maximum impairment compensation I deserved a result I never dreamed possible after everything I’d been through.If you’re reading this and feeling lost, scared, or defeated, please know there is hope. No matter how complex or challenging your situation may seem, Garling & Co will stand by you. They’ll dig deep, work tirelessly, and leave no stone unturned in their quest for fairness and justice. You won’t just be hiring lawyers you’ll be gaining advocates who genuinely care about your well-being and your future.To Matthew, Alison, and the entire team at Garling & Co: thank you!!! doesn’t feel like enough. You’ve given me back my dignity, my peace of mind, and my belief that good people still exist in this world. If anyone is searching for a team that will pour their heart and soul into your case, look no further. These are the lawyers who will turn your darkest days into brighter tomorrows.read more
Jude M.
03:54 21 Feb 25
I rang Mr Matthew Garling on a matter, and Matthew gave me his time and honest advice from goodwill. Matthew is a very honest, good man of integrity who went beyond the call of duty. I would highly... recommend Matthew and his company.read more
Pouya Zadbar T.
01:36 15 Feb 25
Garling and Co were very helpful and did their best to get the most payout for my mothers workers compensation claim. We were very happy with their patience and understanding as this was a long and... trying process with the insurance. I Would definitely recommend their services.read more
Don T.
05:59 13 Feb 25
I had an occupational accident for 2 years and after the surgery for a whole year there was no good result and my body was in so much pain that I could not return to work. Everyone told me to find a... lawyer immediately, I did not know which lawyer could help me so I searched on Google. After searching I found that many clients were very satisfied with Garling & Co, so I texted Garling & Co. They immediately called back and asked if I felt pain and could not come to the office, they would come to see me but I replied that I could come. And the legal journey started from there. I met Mr. Garling who was about my age but very enthusiastic and dedicated and he explained and advised me in a way that I could understand all the questions and I agreed with him very much, then he handed over my case to Ms. Allison to contact me. Everything went very well according to his arrangements from the first step to the last step. Until the last day, he explained how the negotiation was going and I understood the whole story. I did not ask for too much and the number I gave was quickly agreed to avoid lengthy legal headaches. In total, after 4 years of the accident and almost 2 years with the help of Garling & Co, everything was resolved happily for all parties. Once again, I thank Mr. Garling, Ms. Allison and everyone at Garling & Co for helping me, they are wonderful and I hope they will continue their good work helping people who need legal help like I need help. Thank you very much Garling & Co.read more
Pedro M.
04:26 11 Feb 25
Thank you so much for all the help and support this past years.I recommend it to anyone who needs help.Thanks again and all the best for the Garling & Co team and a special thanks to Kerry Byrnes.
Ron J.
03:49 11 Feb 25
I had an overall good experience with Garling and Co. I was the victim of a major motorvehicle accident in April 2021. There were a few complications in my case including me having to move overseas... for 2 years temporarily during the progression of my claim and original lawyer from Garling that handled my case leaving the firm. The move overseas resulted in the insurer cutting off my income replacement, which lasted for 9 months, which as you can imagine created a major financial strain on the family On both these occasions, Garling worked to get a good result. They fought in front of the NSW Panel, and got a reported decision that states that all Permanent Residents and Citizens of Australia have the right to be paid income replacement even when overseas, during an accident claim under CTP cover. They also worked very hard in the face of a typically uncooperative and obstructive insurer to progress my claim over the last (almost 4 years) and the replacement lawyer Kerry Burns has done amazing work, with care, empathy and professionalism. I've had a good experience with them!read more
Sandra C.
03:27 06 Feb 25
Garling & Co Lawyers were professional from start to finish. They made me feel like I was as important to them as all their clients. Emma Perkins and her team went over and above in all aspects to... exceed my expectations. Highly recommended.read more
kokomo U.
01:38 15 Jan 25
Such a difficult time for me and so grateful to have alison and Mathews help...knowing I could trust in their knowledge, along with the understanding and compassion I received helped make a trying... time easier to navigate. Thankyou guys, would highly recommendread more
Sam H.
09:47 17 Dec 24
Very knowledgeable, explains everything very clearly and highly recommend.
READ ALL TESTIMONIALS

Would you like assistance with your claim?

Complete our free, no obligation confidential case assessment form and we’ll get back to you within 24 hours.

Alternatively, we are available to talk through phone and email. Please contact our experienced workers compensation lawyers to find out how we can help.

No Win No Fee

You won’t be required to pay any fees until we win your case.

Industry Experts

We’re industry experts with over 20 years of experience.

Maximum Compensation

Our team of expert injury lawyers will help you get maximum compensation.

T M
08:15 27 Feb 25
To describe my experience with Garling & Co Lawyers as transformative would be an understatement. From the moment I engaged their services, I was met with a level of professionalism, compassion, and... legal acumen that is truly unparalleled. At the heart of this exceptional team is Mr. Matthew a man whose profound intellect, vast experience, and unwavering commitment to his clients set him apart as one of the finest advocates in the field of personal injury law.Mr. Matthew possesses an extraordinary depth of knowledge, honed by years of navigating the complexities of personal injury claims. His ability to anticipate challenges, strategize effectively, and counteract adversarial tactics is nothing short of remarkable. In my case, where I suffered a debilitating back injury as a result of a workplace accident, the road to recovery both physically and legally felt insurmountable. Insurance companies and medical examiners sought to downplay the severity of my condition, attempting to minimise my impairment rating and deny me the compensation I rightfully deserved. Yet, Mr. Matthew stood firm, refusing to let them diminish the gravity of my suffering.What struck me most about Mr. Matthew and indeed the entire team at Garling & Co is their genuine care for their clients. Mr. Matthew is not merely a lawyer; he is a compassionate advocate who understands the human element behind every case. He listened intently as I described the chronic pain, mobility limitations, and emotional toll caused by my back injury , treating my story with the seriousness it warranted. His internal and external team, equally brilliant and dedicated, worked tirelessly to gather medical evidence, consult specialists, and build an unassailable case that highlighted the true extent of my injuries. Together, they formed an unstoppable force, driven by a shared mission to deliver the best possible result for their clients.The professionalism exhibited by Garling & Co is of such a high caliber that it defies belief. Every interaction was marked by courtesy, precision, and transparency. They communicated with me regularly, keeping me informed at every stage of the process and ensuring I felt empowered rather than overwhelmed. Their ability to simplify even the most intricate legal matters into understandable terms speaks volumes about their expertise and client-centered approach.Thanks to Mr. Matthew and his team, what began as a daunting and disheartening journey ended in triumph. Facing a severe back injury that left me unable to work or enjoy life as I once did, I encountered countless obstacles designed to diminish my claim. Yet, under Mr. Matthew’s guidance, those barriers were dismantled one by one. The result he achieved for me was not just satisfactory it was extraordinary. He secured the maximum compensation I deserved, restoring not only my financial stability but also my faith in the legal system.If you find yourself grappling with the aftermath of a personal injury, whether it be a back injury , workplace accident, or any other trauma, I implore you to place your trust in Garling & Co Lawyers. They are more than capable of turning despair into hope, adversity into victory, and injustice into resolution. With Mr. Matthew leading the charge, you can rest assured that your case will be handled with the utmost integrity, intelligence, and tenacity.In closing, I wish to express my deepest gratitude to Mr. Matthew and the entire team at Garling & Co. You have made an indelible impact on my life, and I will forever be indebted to you for your tireless efforts and unwavering support. To anyone seeking representation that combines brilliance, professionalism, and genuine care, look no further Garling & Co is the epitome of excellence.read more
S Z
07:46 27 Feb 25
I cannot express enough gratitude for the exceptional support and dedication provided by Garling & Co Lawyers, particularly Mr. Matthew, Alison, and their incredible team. They have been nothing... short of a lifeline during one of the darkest chapters of my life a time when I felt abandoned, broken, and unsure if anyone could truly help me.After sustaining multiple disabilities from a workplace injury, I was left grappling with physical pain, emotional turmoil, and overwhelming uncertainty about my future. I had initially turned to another law firm one of those big names everyone talks about but they failed me. Despite their promises and polished reputation, they couldn’t deliver when it mattered most. Faced with insurance medical examiners determined to downplay my injuries and strip away my rights, I felt powerless. It seemed like no one was on my side until I found Garling & Co.From the very first conversation, Matthew, Alison, and the entire team showed me what real compassion looks like. They didn’t just hear my story; they felt it. Every phone call I made was answered with patience and understanding. Every question I had was met with clarity and reassurance. For the first time in months, I felt seen, heard, and valued not as a case file, but as a person.What sets Garling & Co apart isn’t just their unmatched legal expertise it’s their humanity. They understood the weight of what I was carrying, and they carried it with me. Where others saw obstacles too great to overcome, they saw opportunities to fight harder. Their wisdom, determination, and relentless pursuit of justice transformed a losing case into a victory that exceeded all expectations.The difference between my previous lawyers and Garling & Co? Heart. My former lawyers treated my case like a transaction; Garling & Co treated it like a mission. They refused to let the insurance company minimize my suffering or dismiss my struggles. Instead, they fought tooth and nail to secure the maximum impairment compensation I deserved a result I never dreamed possible after everything I’d been through.If you’re reading this and feeling lost, scared, or defeated, please know there is hope. No matter how complex or challenging your situation may seem, Garling & Co will stand by you. They’ll dig deep, work tirelessly, and leave no stone unturned in their quest for fairness and justice. You won’t just be hiring lawyers you’ll be gaining advocates who genuinely care about your well-being and your future.To Matthew, Alison, and the entire team at Garling & Co: thank you!!! doesn’t feel like enough. You’ve given me back my dignity, my peace of mind, and my belief that good people still exist in this world. If anyone is searching for a team that will pour their heart and soul into your case, look no further. These are the lawyers who will turn your darkest days into brighter tomorrows.read more
Jude M.
03:54 21 Feb 25
I rang Mr Matthew Garling on a matter, and Matthew gave me his time and honest advice from goodwill. Matthew is a very honest, good man of integrity who went beyond the call of duty. I would highly... recommend Matthew and his company.read more
Pouya Zadbar T.
01:36 15 Feb 25
Garling and Co were very helpful and did their best to get the most payout for my mothers workers compensation claim. We were very happy with their patience and understanding as this was a long and... trying process with the insurance. I Would definitely recommend their services.read more
Don T.
05:59 13 Feb 25
I had an occupational accident for 2 years and after the surgery for a whole year there was no good result and my body was in so much pain that I could not return to work. Everyone told me to find a... lawyer immediately, I did not know which lawyer could help me so I searched on Google. After searching I found that many clients were very satisfied with Garling & Co, so I texted Garling & Co. They immediately called back and asked if I felt pain and could not come to the office, they would come to see me but I replied that I could come. And the legal journey started from there. I met Mr. Garling who was about my age but very enthusiastic and dedicated and he explained and advised me in a way that I could understand all the questions and I agreed with him very much, then he handed over my case to Ms. Allison to contact me. Everything went very well according to his arrangements from the first step to the last step. Until the last day, he explained how the negotiation was going and I understood the whole story. I did not ask for too much and the number I gave was quickly agreed to avoid lengthy legal headaches. In total, after 4 years of the accident and almost 2 years with the help of Garling & Co, everything was resolved happily for all parties. Once again, I thank Mr. Garling, Ms. Allison and everyone at Garling & Co for helping me, they are wonderful and I hope they will continue their good work helping people who need legal help like I need help. Thank you very much Garling & Co.read more
Pedro M.
04:26 11 Feb 25
Thank you so much for all the help and support this past years.I recommend it to anyone who needs help.Thanks again and all the best for the Garling & Co team and a special thanks to Kerry Byrnes.
Ron J.
03:49 11 Feb 25
I had an overall good experience with Garling and Co. I was the victim of a major motorvehicle accident in April 2021. There were a few complications in my case including me having to move overseas... for 2 years temporarily during the progression of my claim and original lawyer from Garling that handled my case leaving the firm. The move overseas resulted in the insurer cutting off my income replacement, which lasted for 9 months, which as you can imagine created a major financial strain on the family On both these occasions, Garling worked to get a good result. They fought in front of the NSW Panel, and got a reported decision that states that all Permanent Residents and Citizens of Australia have the right to be paid income replacement even when overseas, during an accident claim under CTP cover. They also worked very hard in the face of a typically uncooperative and obstructive insurer to progress my claim over the last (almost 4 years) and the replacement lawyer Kerry Burns has done amazing work, with care, empathy and professionalism. I've had a good experience with them!read more
Sandra C.
03:27 06 Feb 25
Garling & Co Lawyers were professional from start to finish. They made me feel like I was as important to them as all their clients. Emma Perkins and her team went over and above in all aspects to... exceed my expectations. Highly recommended.read more
kokomo U.
01:38 15 Jan 25
Such a difficult time for me and so grateful to have alison and Mathews help...knowing I could trust in their knowledge, along with the understanding and compassion I received helped make a trying... time easier to navigate. Thankyou guys, would highly recommendread more
Sam H.
09:47 17 Dec 24
Very knowledgeable, explains everything very clearly and highly recommend.
University of Technology, Sydney
Member of Law Society of New South Wales
Law Society of NSW Specialist Accreditation
University of Sydney
Legal Profession Admission Board of New South Wales
The law society of nsw professional standards scheme logo.
University of Technology, Sydney
Member of Law Society of New South Wales
Law Society of NSW Specialist Accreditation
University of Sydney
Legal Profession Admission Board of New South Wales
The law society of nsw professional standards scheme logo.
Google Rating
4.9