If you are Totally and Permanently Disabled (TPD), you may still be able to undertake activities, just may not be in the position that you have skills or experience in. For example if you are a brick-layer and you have severely injured your back but with further education and/or training you may be able to perform office or administration type duties. However this is not in the job you have gained most of your experience in.
Education references in a TPD claim
When considering a person’s education a simple reference to their level of schooling by the insurer is not sufficient. Real and genuine consideration must be given to how the education has been applied to a person’s work history. For example obtaining a driver’s licence is probably not considered by most people to be part of their education history however where undertaking a further course such as heavy vehicle operation or safely transporting dangerous goods could significantly add to the person’s education level – especially if they work in the transport industry.
Within a TPD claim, training is considered less formal than education, however it is still about teaching new skillset as these can reduce or change over time. In some instances it is required to re-test or re-certify in a given skill.
As a summary, when claiming for TPD, insurers will look at all relevance of education, training and experience throughout a person’s working career when making a decision about a claim.
When talking about transferable skills, they are generally skills that can be transferred from one role to another and include things like communication skills, time management skills and computer skills. The issue in a TPD claim, therefore is whether these skills have been taken into account as a purely theoretical exercise or in a commonsense approach.
How Retraining or Up-Skilling affect a TPD claim
In a TPD claim, the main decision making point is the extent of the person’s education, work experience and achievements. And part of their rehabilitation process could be the prospect of further training or education to be able to return to work. So then does this mean the person’s TPD claim is rejected?
Whilst the first glance response may be yes, it really comes down to what is in the fine print in the insurer’s Terms & Conditions. In majority of instances, the definition refers to the person’s education, training and skills at the time the person has become disabled, not the education and training they received after they have become injured or ill.
Whilst it can be argued that a person’s skills and experience should be used in determining the TPD claim, their ability to be retrained or reskilled after the injury or illness should also be considered. As thus, each claim is reliant on the definitions applied by the insurer but a question is whether they have been applied fairly in your TPD claim.
We can help you claim for TPD
If you cannot work due to injury or illness we can help you claim TPD through your insurer. Call us on 1800 683 928 today.