Total Permanent Disability (TPD) in Australia refers to a compensation claim that can be made on a superannuation fund by an individual or a TPD solicitor when they become incapacitated due to any cause not just those relating to accidents. Most Australian citizens have the benefit of a superannuation fund which is financed by compulsory deductions from income throughout the claimants working life. It is similar to a combined savings account and insurance policy that pays out compensation following application to trustees who manage each superannuation fund, by either the individual claimant or by their TPD solicitor. The rules that the trustees administer may be different from fund to fund and a TPD claim may be treated differently depending on which fund the TPD claim is made.
Many TPD claims are made on behalf of claimants by TPD solicitors who will be able to appeal any refusal to a tribunal or to a court of law. Application to a superannuation fund is made by submission of a lengthy questionnaire with supporting documentation. There are no time limits that apply to a TPD claim. A claim can be made after a previous TPD claim has been dealt with.
TPD Compensation Claims
Tripping and Slipping Claims are often governed by complex and varied legislation which has over the years become effectively amended by case law. The ever changing nature of the precedents that govern the rules regarding compensation claims in this particular area of law requires specialist accident solicitors who have extensive experience of handling these claims in a variety of private and public places including :-
- slips in privately owned places that are open to the public including shops
- trips on uneven, damaged and poorly maintained pavements and roads
- slips on dangerous, polished, obstructed or wet surfaces in public or private places
- slips, trips or falls in the workplace the safety requirements for which are often in specific legislation
Car Accident Claims can be difficult legal matters often giving rise to liability disputes and a claimant who uses a specialist lawyer often has an important advantage when it comes to court proceedings. The case law in these matters is extensive and only lawyers who specialize will be able to ensure that the client has the best possible chance of success.
Workplace Injury Claims can be complex and the relevant law is often contained in different statutes which are frequently amended by legislation. It is essential in a workplace claim that you are represented by accident solicitors who are familiar with all issues relating to statutory protection of employees. Employers are under a comprehensive legal duty to protect the health and safety of their workforce and if injury occurs as a result of a failure to do so they become liable to pay personal injury compensation. Employers are required to carry out a risk assessment for all procedures regarding the potential for injury and to record any significant findings and thereafter employers must :-
- provide information and training
- implement any necessary health and safety measures
- set up emergency procedures
- appoint competent people to implement the arrangements
- work with other employers sharing the same workplace
Health and safety law is based on legislation which outlines responsibilities which employers have towards their employees aimed at reducing the incidence of accidents at work. Employers must also have a valid policy of employer’s liability insurance in force. These duties are balanced so far as is reasonably practicable against the time, trouble, cost and physical difficulty of taking measures to avoid or reduce risk. The law requires employers to consider the risks and to take sensible measures to tackle them. The main requirement on employers is to carry out a risk assessment and to record any significant findings and thereafter employers must:
- provide clear information and training to employees about their career and the job in hand;
- make arrangements for implementing the health and safety measures identified as necessary by the risk assessment;
- set up emergency procedures;
- appoint competent people to help them to implement the arrangements;
- work together with other employers sharing the same workplace.
Defective Product Solicitors Claims A consumer is entitled to make a product liability claim for compensation if they are injured by a defective product. The consumer may issue legal proceedings against manufacturers, wholesalers, designers, retailers and anyone else involved in the sale of the defective product. Legal proceedings for product liability general involve four main issues to do with the defective product as follows: –
- A product that is intrinsically safe in design but has suffered a defect due to lack of adequate quality control.
- A product that is inherently unsafe due to a fundamental defect of design.
- Failure by a company to act quickly when problems first came to their attention including contact and withdrawal.
- Failure to provide adequate warning or notice of limitations or contra-indications or contradictory advertising or promotional material or untrue claims by sales personnel.