Can You Claim TPD If Not Working?

When life takes an unexpected turn due to illness or injury, Total and Permanent Disability (TPD) insurance can be a vital financial lifeline. But what happens if you’re not currently working? Are you still eligible to claim TPD benefits in Australia?

At Gordon Legal, we often speak to clients who are confused or anxious about whether their employment status will impact their chances of making a successful TPD claim. In this article, we’ll break down how to apply for permanent disability benefits, what the TPD claim process involves, and whether you need a TPD lawyer in Australia if you’re out of work.

TPD (Total and Permanent Disability) insurance is a type of cover often held within your superannuation fund. It provides a lump sum payment if you have an injury or illness which prevents you from working  in your usual occupation or any occupation that you’re suited for, depending on your policy’s definition.

Understanding the eligibility criteria for TPD claims can be complex, and every insurer defines “TPD” differently. That’s why many people seek TPD claim advice before applying.

This is one of the most common questions we hear—and the answer is: not necessarily. You can still apply for TPD insurance even if you’re not currently working, but your eligibility will depend on:

• The wording of your TPD policy
• When you stopped working
• Whether you stopped working due to injury or illness
• Whether you were a member of the super fund when you became ill or injured
• The reason you are no longer working

Some TPD policies require that you be employed at the time of disability, while others are more flexible, especially if you were recently employed before becoming ill or injured. That’s why we always recommend reviewing your policy and getting legal advice for TPD claims early on.

There is no strict time limit in the law, but insurance providers may have internal timeframes, and delays can complicate your case.

Generally, the sooner you start the TPD claim process, the better. You’ll need to show medical evidence of your condition and demonstrate that you meet the definition of permanent disability under your policy.

Even if years have passed since you last worked, you may still be eligible—especially if you can show that your disability began while you were still a fund member.

If you’re not currently employed, the TPD claim process usually follows these steps:

Check your superannuation fund: Find out whether you had TPD insurance when you stopped working.

Request policy documents: Understand the definitions and requirements under your policy.

Gather medical evidence: You’ll need reports confirming that your condition is permanent and prevents you from returning to work.

Complete claim forms: These often include employer and medical sections, which can still be filled even if you are not working.

Submit the claim: Through your super fund or directly to the insurer.

Wait for assessment: This can take weeks or months, depending on complexity.

At Gordon Legal, we can assist with every stage of the process to make sure your claim is correctly prepared and backed by the right evidence.

Yes, you can. You don’t need to be working full-time to make a TPD insurance claim. If your illness or injury prevents you from continuing in any role for which you are reasonably suited by education, training or experience, you may still qualify.

Even casual or part-time workers can be eligible, especially if their condition worsens and prevents them from working altogether. Again, your claim will hinge on the policy’s wording and how your capacity to work is assessed medically.

Technically, you can submit a TPD claim on your own—but having a TPD claim lawyer can make a big difference.

Here’s why:

• Policy language is complex: Many claims are denied because of unclear or incomplete information.
• Gathering evidence is critical: Medical and employment documents must match the policy criteria.
• Disputes are common: If your claim is rejected, a lawyer can challenge the decision.

At Gordon Legal, we work on a ‘no win, no fee’ basis for most TPD matters. That means you don’t pay legal fees unless your claim is successful. We’ll also provide upfront clarity on TPD claim lawyer fees, so there are no surprises.

While each policy is different, the general criteria include:

• You must be unable to return to work due to illness or injury.
• Your condition must be considered permanent by medical professionals.
• You were insured under the super fund when you stopped working or became ill.
• You meet the definition in your policy, either for own occupation (your job) or any occupation (any job suitable for you).

Some policies may also require a waiting period—often three to six months after you stop working—before you can lodge a claim.

We know the system. We know the jargon. And we know how overwhelming it can be when your life has already been turned upside down by illness or injury.

At Gordon Legal, our workers compensation lawyers in Australia have extensive experience handling these complex claims.

Whether you’re:

• No longer working
• Working part-time
• Unsure of your insurance status
—our team can review your case and provide tailored legal advice that gives you the best chance of success.

The first step in your disability claim process in Australia is understanding your rights. If you’re unsure whether you’re eligible or how to apply for TPD insurance, we’re here to guide you.

We’ll:

• Review your policy
• Advise you on your eligibility
• Prepare and submit your claim
• Handle disputes, if needed

If you’ve been wondering whether your employment status will impact your chances, don’t stay in the dark. Contact Gordon Legal today for honest, expert advice on how to claim TPD insurance and protect your financial future.

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 TPD compensation or simply want to talk to someone who understands, reach out.

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

You’ve carried this long enough. Let us help carry it with you.

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