You don’t always need a lawyer for a TPD claim. If you’ve been injured or become too ill to work, figuring out how to claim your Total and Permanent Disability (TPD) insurance can feel overwhelming. Most people’s first instinct is to search for a TPD claim lawyer. Lawyers can absolutely help, particularly with complex or disputed claims.
But there’s another option many Australians don’t know about: specialist TPD claims advisers. These are licensed financial advisers who manage the entire TPD insurance claims process where legal action is not required. They work directly with insurers to get your claim assessed and paid.
This guide covers what TPD claim lawyers actually do, how much they charge, when you genuinely need one, and when a claims adviser might be a better fit for your situation.
Key Takeaways
- TPD claim lawyers may charge approximately 20-30% of your payout on a ‘no win no fee’ basis. They might also charge flat fees or on an hourly basis.
- Not every TPD claim needs a lawyer. A specialist claims adviser can manage straightforward claims.
- Lawyers are essential when claims are rejected, disputed, or involve insurer bad faith.
- TPD claims advisers manage claims, often with the benefit of direct insurer relationships. They don’t provide assistance where a claim requires formal legal action.
- Curo’s team of financial advisers has processed over $16 million in TPD claims over the past 5 years.
- Whether you choose lawyers or specialist advisers, professional help is always advised.
What Is a TPD Claim?
TPD insurance pays a lump sum if you’re permanently unable to work. Total and Permanent Disability (TPD) cover is a type of insurance that most Australians hold through their superannuation fund.
When you make a TPD claim, you’re asking your super fund’s insurer to assess whether your injury or illness meets the policy definition of ‘total and permanent disability’. The process typically involves lodging a claim, providing medical evidence from your treating doctors, and waiting for the insurer to make a decision.
Most TPD claims are resolved within 3 to 12 months, though complex cases can take longer. Understanding the TPD claims process and knowing what TPD claims statistics look like can help you set realistic expectations from the start.
What Do TPD Claim Lawyers Actually Do?
TPD insurance claim lawyers provide legal representation throughout the claims process. Their role includes reviewing your insurance policy, gathering medical and vocational evidence, lodging your claim with the super fund trustee, and negotiating with the insurer on your behalf.
If your claim is disputed or rejected, a lawyer can escalate the matter through internal dispute resolution, the Australian Financial Complaints Authority (AFCA), or the courts. This legal pathway is where lawyers provide the most value. They understand the legal framework and may be able to escalate claims that other professionals can’t.
Most TPD lawyers work on a ‘no win no fee’ basis, which means you don’t pay anything upfront. However, the specifics of the fee structure matter.
How ‘No Win No Fee’ Actually Works
‘No win no fee’ means the lawyer takes on your case without charging upfront legal fees. If your claim is unsuccessful, you won’t be charged for your lawyer’s professional fees. However, you may still face costs for other third-party expenses known as disbursements.
This can include court filing fees, medical report costs, and expert report costs.
If your ‘no win no fee’ claim succeeds, the lawyer may take a percentage of your payout. This percentage is typically between 20% and 30%. Alternatively, you may be charged a flat fee or by an hourly rate.
On a $200,000 TPD payout, a 25% fee means $50,000 goes to your lawyer. If your claim is successful, you may also face charges for disbursements.
Always ask for a written fee agreement and study it carefully so you know exactly how much you’ll pay for your claim.
For a detailed breakdown, see our guide on how much lawyers charge for TPD claims.
Do You Actually Need a Lawyer for a TPD Claim?
Not every TPD claim requires a lawyer. Many claims are settled without any court involvement. For many claims, the key parts of the process are claim management, gathering the right evidence, and communicating effectively with the insurer. The technical skills and knowledge of a lawyer may not be required.
For straightforward claims where the policy wording is clear, the medical evidence is strong, and the insurer is cooperative, a specialist claims adviser may be all you need. Advisers can also help manage the process end-to-end through direct relationships with insurers, without the adversarial approach of legal action.
For complex or disputed claims, a lawyer may be necessary.
When a Lawyer Is the Right Choice
A TPD lawyer is the right choice when your situation involves legal complexity. Specific scenarios include:
- Your claim has been rejected and you need to appeal through AFCA or the courts.
- The insurer is delaying unreasonably — beyond 6 months with no clear progress.
- Your policy wording is ambiguous and the insurer is interpreting it against you.
- The insurer alleges non-disclosure of a pre-existing condition.
- Your claim involves multiple super funds with conflicting policy definitions.
- You need formal legal representation at a tribunal or in court.
In these situations, a lawyer’s ability to escalate disputes is highly valuable. If your claim has been rejected, getting legal advice early can make a significant difference.
When a Claims Adviser May Be a Better Fit
A specialist claims adviser may be a better option when your claim is straightforward but you need professional guidance. This includes situations where:
- Your medical evidence clearly supports your claim.
- You need help navigating the paperwork and insurer communications.
- You want to maximise your payout without losing 20-30% to legal fees.
- You want ongoing financial advice after the claim, such as advice relating to tax planning and Centrelink.
- Your insurer is cooperative but the process is complex.
Curo Financial Services manages TPD claims through direct relationships with senior staff at insurers like TAL, Zurich, CommInsure, AIA, and MLC. We help progress claims through our industry relationships. Over the past 5 years, we’ve processed over $16 million in claims with our approach to TPD claims management.
TPD Claim Lawyers vs TPD Claims Advisers: What’s the Difference?
Here’s an honest comparison of both options to help you decide which type of TPD claims professional suits your situation:
| Factor | TPD Claim Lawyer | TPD Claims Adviser |
| Qualifications | Law degree, practising certificate | AFSL holder, registered financial adviser |
| Approach | Legal representation, litigation as a tool | Claims management, direct insurer relationships |
| Cost | ~20-30% of payout , flat fee, or hourly rate. Often follows a ‘no win no fee’ model. | Commission-based or fee-for-service |
| Scope | Your claim and legal rights | Your claim plus tax, Centrelink, and financial planning |
| Best for | Rejected claims, legal disputes, insurer bad faith | Straightforward claims, claims management, holistic advice |
| Timeline | Similar for straightforward claims; can be faster for disputed claims due to usage of legal frameworks | Similar for straightforward claims; may avoid delays through insurer relationships |
The right choice depends on your situation. If your claim involves a legal dispute, a lawyer is the right fit. If you need someone to manage the process and provide broader financial guidance, a claims adviser may be more appropriate.
How Much Do TPD Claim Lawyers Charge?
Most TPD lawyers charge 20-30% of your payout. The most common fee structures are:
- No win no fee: You pay nothing upfront. If your claim succeeds, the lawyer takes 20-30% of your TPD payout. On a $200,000 payout, that’s $40,000-$60,000.
- Fixed fee: Some firms offer fixed-fee arrangements for simpler claims.
- Hourly rate: Hourly rates may be used in complex disputes that require extensive legal work.
Disbursements may be charged on top of the percentage fee. These can include medical reports (~$500-$2,000), court filing fees, and expert reports. Some firms absorb these costs; others don’t. Always clarify before signing a fee agreement.
For more information, check out our guide to how much lawyers charge for TPD claims.
The TPD Claims Process: What to Expect
Whether you use a lawyer or a claims adviser, the TPD claims process follows a similar path:
- Check your super fund for TPD cover: Many Australians have TPD insurance through their super without knowing it. Log into your super account or call your fund to confirm.
- Gather medical evidence: You’ll need reports from your GP and treating specialists documenting your condition and its impact on your ability to work.
- Lodge the claim with your super fund trustee: The trustee forwards your claim to the insurer for assessment.
- Insurer assesses your claim: This typically takes 3 to 12 months. The insurer reviews your medical evidence against your policy definition.
- Decision: approved or rejected: If approved, your payout is processed. If rejected, you can appeal through internal dispute resolution, AFCA, or the courts.
A professional lawyer or adviser can help at every stage. At Curo, we handle steps 2 through 5 so you can focus on your health. Learn more about the full TPD claims process.
What to Look for in a TPD Claims Professional
Whether you choose a lawyer or a claims adviser, look for these qualities:
- Specialisation in TPD and superannuation insurance. General personal injury lawyers may not understand the nuances of super-linked TPD policies.
- A proven track record. How many TPD claims have they handled? What’s their success rate?
- Transparent fee structure. Get the fee agreement in writing before you commit to anything.
- Direct communication. Will you deal with the person handling your claim, or be passed between staff?
- A no-obligation initial consultation. Most reputable professionals offer a no-obligation first conversation.
Curo offers a free TPD claims assessment with no obligation and no pressure. It’s a straightforward way to understand your options before committing to any provider.
Common TPD Claim Issues and How to Resolve Them
TPD claims don’t always go smoothly. Here are the most common issues and how each type of professional can help:
- Rejected claims. This is the most common issue. You can appeal through internal dispute resolution, then through AFCA if needed. A lawyer is typically the stronger option here, especially if the insurer is disputing the medical evidence or policy interpretation.
- Delayed claims. Insurers sometimes take longer than expected to assess a claim. Both lawyers and advisers can follow up claims in effective ways; lawyers through legal channels, advisers through industry knowledge and insurer relationships.
- Non-disclosure allegations. If the insurer claims you didn’t disclose a pre-existing condition, you may need legal representation to challenge their position.
- Multiple super funds. Navigating claims across different funds with different policies and insurers can be complex. A claims adviser with relationships across multiple insurers may be well-placed to coordinate this.
If your claim has been approved, understanding the next steps is just as important. See our guide on what happens after a TPD claim is approved.
Why Choose Curo for Your TPD Claim?
At Curo Financial Services, we’re specialist TPD claims advisers who manage the entire process through financial expertise and direct insurer relationships.
- $16 million in claims processed: Over the past 5 years, we’ve managed over $16 million in TPD claims as licensed financial advisers.
- Direct insurer relationships: Our team has executive-level access to senior staff at a number of insurers around Australia. We use these relationships to deliver the best service and advice possible.
- No legal fees: Our fee structure doesn’t involve taking 20-30% of your payout.
- Holistic financial advice: Beyond the claim itself, we help with tax implications with tools like our TPD tax calculator. We also offer advice around Centrelink entitlements, and your financial future after TPD.
- No obligation TPD claims assessment: Find out where you stand before committing to anything.
Speak to a TPD Claims Expert Today
Whether you need a TPD claim lawyer or a claims adviser, the most important step is getting professional help. Don’t try to navigate the process alone. The paperwork, insurer communications, and policy definitions are complex, and mistakes can cost you.
If you’d like to explore whether Curo can help with your TPD claim, we offer a no-obligation free TPD claims assessment. Or, you can give us a call on 1300 665 356 or book a full consultation.
Start your TPD claim journey today and get the help you need to be financially protected during this challenging time.
Frequently Asked Questions
Do I need a lawyer for a TPD claim?
Not always. Straightforward TPD claims can be managed by a specialist claims adviser without legal representation. However, if your claim has been rejected, your insurer is acting in bad faith, or there’s a legal dispute over policy wording, a lawyer may be the better option. The right choice depends on the complexity of your situation.
How much do lawyers charge for TPD claims?
Most TPD lawyers charge 20-30% of your payout on a ‘no win no fee’ basis. On a $200,000 payout, that’s $40,000-$60,000 in legal fees. Some firms also charge disbursements separately, including medical report fees and filing costs. Always request a written fee agreement before proceeding. See our full guide on how much lawyers charge for TPD claims.
What percentage of TPD claims are successful?
Most TPD claims are successful when properly documented and professionally managed. The key factors are strong medical evidence, correct paperwork, and meeting the policy’s definition of total and permanent disability. Having a professional manage the process significantly improves your chances. For more insight, see our latest TPD claims statistics.
How long does a TPD claim take?
TPD claims typically take 3 to 12 months. Straightforward claims with strong medical evidence may be resolved in 3 to 6 months. Complex cases, rejected claims, or claims involving multiple super funds can take longer. Having a professional manage the process helps avoid unnecessary delays.
Can I make a TPD claim without a lawyer?
Yes. You can lodge a TPD claim directly with your super fund without a lawyer. You can also engage a specialist claims adviser like Curo to manage the process for you. A lawyer is not a legal requirement for making a TPD claim. Many successful claims are resolved without any legal involvement.
What is the difference between a TPD lawyer and a TPD claims adviser?
A TPD lawyer provides legal representation and can take your case to court if needed. A TPD claims adviser can manage your claim through the insurer’s process using industry relationships and financial expertise.
Advisers typically cost less and can also help with tax planning, Centrelink implications, and ongoing financial advice. The right choice depends on whether your claim involves a legal dispute or is more straightforward.
General Advice Disclaimer
General advice warning: The advice provided is general advice only and in preparing it we did not take into account your investment objectives, financial situation or particular needs. Before making an investment decision on the basis of this advice, you should consider how appropriate the advice is to your particular investment needs, and objectives. You should also consider the relevant Product Disclosure Statement before making any decision relating to a financial product.
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Last Updated on July 17, 2026 by Brent Satill
