Can I Claim TPD and WorkCover at the Same Time?

If you’ve been injured and can’t return to work, you may be wondering whether you can receive both Total and Permanent Disability (TPD) and WorkCover payments. These two systems are different, but it’s possible to access both in some situations. In this guide, we’ll walk you through the eligibility rules, how claims are processed, whether your super is affected, and how to protect your rights—especially if your employer disputes your claim.

Let’s get into the key questions people ask when navigating this complex part of the legal system.

To qualify for a TPD (Total and Permanent Disability) claim, you must meet the criteria outlined in your superannuation fund’s insurance policy. While definitions can vary slightly between funds, most require that:

• You are unable to return to work in your usual occupation, or any role suited to your training, education, or experience.
• Your disability is permanent and supported by medical evidence.
• You were working at the time of injury or illness and had active TPD cover under your super fund.

It’s important to check your fund’s specific criteria, some have more restrictive definitions than others.

In most cases, no, a TPD claim won’t directly affect your WorkCover weekly payments.

That’s because:

• WorkCover is a statutory insurance scheme covering injuries that occur at work.
• TPD is a private insurance attached to your super.

That said, there are exceptions. Some WorkCover insurers may take your TPD payout into account when assessing your ongoing capacity or needs, especially if your TPD claim suggests you’re permanently incapacitated. Always speak to a lawyer before finalising a TPD or WorkCover claim.

Yes—psychological injuries can be covered under both systems.

• Under WorkCover, mental health conditions such as PTSD, depression, and anxiety are covered, provided they’re connected to your work.
• For TPD, your psychological condition must prevent you from working

You’ll need strong medical evidence, such as psychiatric assessments, to support your claim under either scheme.

TPD claims can take anywhere from 3 to 12 months depending on:

• The complexity of your medical condition
• How quickly your medical and employment records are gathered
• How your insurer assesses the evidence

Delays are common. Having a legal team handle your claim can make the process smoother and reduce back-and-forth with the insurer.

To support your TPD claim, you’ll usually need:

• Medical reports from treating doctors and specialists
• Employer records confirming your role and inability to return to work
• Income and tax documents
• A completed claim form from your super fund
• Any independent assessments requested by the insurer

Tip: The paperwork can be overwhelming. A lawyer can help prepare and submit the right documents, so your claim isn’t delayed.

Yes, in most cases, a TPD payout gives you access to your superannuation early. That means:

• You’ll receive a lump sum TPD benefit
• You can also access any super balance already accumulated

Be mindful of tax implications. Depending on your age, some of your payout may be taxed. A legal or financial adviser can help you plan.

There’s no strict time limit, but delays can work against you.

Reasons to act promptly:

• Super funds have internal deadlines
• Insurers may argue that a delayed claim suggests your condition isn’t permanent
• Gathering medical evidence becomes harder over time

Even if it’s been years since your injury, it’s worth getting legal advice to see if a claim is still possible.

You still have options—even if your employer disagrees with your claim.

You can:

• Request an independent review through the insurer
• Get an assessment by the Medical Panel (in Victoria)
• Lodge a dispute with WorkSafe or the relevant authority
• Seek legal support to challenge the decision

Employers don’t have the final say. If your injury is genuine and backed by evidence, you deserve to be protected.

Yes, in many situations you can:

• Claim WorkCover for ongoing treatment, weekly payments, and rehab
•  Make a TPD claim for a one-off lump sum if you’re permanently unable to work

Key points to remember:

• They’re separate systems
• You must meet different eligibility criteria
• Legal advice is crucial to avoid conflicts between claims

If you’ve suffered a serious injury—physical or psychological—you may be entitled to both WorkCover benefits and a TPD payout. These claims can change the course of your recovery and your future. But navigating them alone can be overwhelming.

At Gordon Legal, we fight for working people, not big insurers. We know how to cut through the red tape and help you claim what you’re entitled to.