Can I claim TPD after a workers compensation or common law settlement?
Short answer
Sometimes yes, but it depends on documents you have already signed, your policy wording, and how the settlement was framed. A settlement in one pathway does not always end your TPD rights, but release clauses, offset terms, and evidence consistency must be checked carefully.
Why this issue is high risk
- Different legal pathways: workers compensation/common law and TPD insurance use different tests and decision frameworks.
- Settlement documents matter: deed wording may affect what can be pursued later.
- Offset or recovery impacts: one payment stream may reduce another depending on terms and scheme rules.
What to review before starting a TPD claim
- Any deed of release, settlement agreement, or court orders from your workers compensation/common law matter.
- Your superannuation TPD policy definition and exclusions.
- Whether prior medical and capacity evidence aligns with the TPD test you now need to satisfy.
- Key dates, including cessation of employment and insurer notification deadlines.
Common mistakes after settlement
- Assuming settlement automatically includes or excludes TPD without reading the exact release wording.
- Using old reports that do not directly answer the TPD definition.
- Giving inconsistent descriptions of work capacity across previous and current claims.
- Delaying action until records are harder to obtain.
Important: This page is general information only, not legal advice. Your position depends on your policy wording, settlement documentation, evidence, and personal circumstances.
Related guides
Can I claim TPD and workers compensation at the same time? · What happens if a TPD claim is rejected? · TPD through superannuation