How to Claim TPD for a Back Injury in Australia

Back injuries are one of the most common reasons Australians stop working, but that doesn’t mean getting a TPD insurance payout is straightforward. You’ll need medical proof, detailed documentation, and the right legal advice to ensure your disability claim process doesn’t stall or get denied. From the initial claim to challenging insurer delays, here’s what you need to know about claiming back injury compensation through your super fund.

What back injuries are covered by TPD insurance?

Many different types of back injuries can qualify for a Total and Permanent Disability (TPD) claim. What matters most is whether your condition prevents you from returning to work in your usual occupation.

Back injuries that may qualify include:

• Disc bulges
• Chronic lower back pain
• Herniated or bulging discs
• Spinal fractures
• Sciatica or nerve compression
• Degenerative disc disease
• Spinal stenosis
• Failed back surgery syndrome
• Severe scoliosis or curvature-related disabilities

You don’t have to be wheelchair-bound to be eligible. If your condition affects your ability to perform the core duties of your role, especially in manual or physically demanding jobs, you may be able to claim TPD for a back injury.

Every policy is different. We strongly recommend reviewing your super policy with a TPD claim lawyer to understand what’s covered and what medical criteria apply.

How do I begin a TPD claim for a back injury in Australia?

Starting a TPD claim in Australia can feel daunting, especially if you’re also juggling medical appointments and financial pressure. But the process can be broken down into clear, achievable steps:

• Check your superannuation account
  Most Australians have super TPD insurance included with their super fund. Confirm your coverage and the relevant policy details.
• Speak to a TPD back injury lawyer
  Getting the right legal advice from the start can make all the difference. We’ll explain the steps, paperwork and medical reports required.
• Request the TPD claim forms from your super fund
  These typically include a member statement, and employer report, and medical certificates or reports.
• Collect supporting evidence
  More on this below, but it includes medical documents, work history and your personal statement.
• Submit your completed claim
  Once all documents are ready, we’ll submit the claim and manage all communications with the insurer on your behalf.

The earlier you act, the better. Waiting too long can lead to complications with the TPD claim time limit and make it harder to gather medical evidence.

What are the common symptoms of a back injury that qualify for TPD?

Many clients ask us: “Is my pain serious enough for a TPD claim?” The answer lies not just in how bad the pain is, but in how it affects your day-to-day function and work capacity.

Common qualifying symptoms include:

• Chronic pain that persists despite treatment
• Limited mobility, difficulty standing, bending or sitting for long periods
• Nerve pain radiating to the legs or arms
• Reduced strength or sensation
• Fatigue caused by constant discomfort
• Dependence on medication for pain management
• Emotional distress, anxiety or depression linked to physical limits

If these symptoms make it impossible for you to perform your job, even if only certain duties, you may qualify for permanent disability benefits under your super TPD policy.

What evidence is needed for a TPD claim for a back injury?

Strong evidence is the key to winning your TPD claim. Insurers look closely at whether your condition is truly “total and permanent.” That’s why we focus on building a claim with:

• Detailed legal submissions on your behalf setting out to the Insurer why It Is unlikely you will return back to work within your education, training and experience and meet the definition of TPD under the policy.
• Medical reports, such as orthopaedic specialist assessments, MRI, CT or X-ray imaging, Functional Capacity Evaluations (FCEs), and reports confirming ongoing symptoms and treatment
• Employment history and job description, including proof of the physical nature of your work, previous income and responsibilities, and an employer statement if available.
• Personal statement describing how your injury affects your daily life, including physical, emotional and financial impacts, and details about your treatment journey and failed return-to-work attempts.
• Psychological reports (if applicable) to show the broader impact of the injury, such as depression or anxiety that often accompanies chronic physical conditions like back injuries.

When you work with injury claim lawyers like us, we take the burden off your shoulders. We liaise with your doctors, gather the documentation, and make sure nothing is missed.

Can I appeal if my TPD claim for a back injury is denied?

Yes, and in many cases, we’ve helped turn rejected claims into approved payouts. If your TPD claim is denied, don’t panic. Here’s what you can do:

• Ask for the written reasons for the denial
  Insurers are required to explain their decision.
• Get legal advice immediately
  Time limits may apply for internal reviews and AFCA complaints.
• Submit an internal appeal
  You may be able to provide additional medical evidence or clarification.
• File a complaint with the Australian Financial Complaints Authority (AFCA)
  If the insurer or super fund fails to act fairly or in a timely manner, we’ll represent you before AFCA.

We’ve challenged some of the largest insurers in Australia and won. Our team of TPD back injury lawyers knows the tactics insurers use to delay, deflect or deny claims. We don’t accept unfair outcomes, and neither should you.

Back injuries change lives, but with the right support, they don’t have to define your future. If you’re unable to return to work because of a serious spinal or back condition, you may be entitled to back injury compensation through your super.

At Gordon Legal, we understand how hard this journey is. We take the time to listen, explain, and fight for what you deserve. We’ve helped clients across Australia secure the TPD insurance payout they need to support their families and move forward.

Our personal injury lawyers in Australia are some of the fiercest and most experienced in the field. When insurers drag their feet or deny valid claims, we push back. Hard.

Get in touch today. Speak with the best lawyers for TPD claims in Australia, and let’s get your future back on track.

No Win, No Fee TPD Claim Lawyers

Financial concerns should not deter you from seeking justice. Gordon Legal operates on a no win, no fee basis, meaning you only pay legal fees if we successfully secure compensation for you. This approach underscores our commitment to accessible legal representation for all.

You don’t have to face this alone

At Gordon Legal, we offer more than legal advice, we offer solidarity. If you’re wondering how to claim back injury compensation, reach out.

Our lawyers are here to listen without judgment, fight with purpose, and support you at every step.

Contact us today for a free, confidential consultation. Simply fill out our online form, and one of our TPD claim lawyers will be in touch to discuss your case or give us a call on 1300 59 95 17