When illness impacts ability to work: patients may be entitled to insurance benefits

Lydia Wheatley

writer

Lydia Wheatley

Lydia Wheatley

For Australians living with a chronic illness, the greatest challenge is often what happens after the diagnosis.

A patient who once worked full-time may find they can no longer perform the inherent duties of their role. Others reduce their hours, change careers or stop working altogether as their condition progresses. Significant financial pressure often comes alongside the physical and emotional impacts.

While treatment and ongoing management remain the priority, a discussion about whether they may have insurance that could provide financial support if they’re unable to continue working can make a meaningful difference to wellbeing.

Many Australians are unaware they may hold Total and Permanent Disability (TPD) insurance through their superannuation or another insurance policy. They may also assume these benefits only apply after catastrophic accidents or workplace injuries.

In reality, chronic illness is one of the most common reasons people become eligible to make a TPD claim.

A common misconception: financial support is limited to serious injuries

One of the biggest misconceptions is that TPD insurance only applies to people who have suffered a severe physical injury.

In practice, many successful claims arise because a medical condition has permanently affected a person’s capacity to work, rather than because of a traumatic event.

Depending on the policy and the individual’s circumstances, conditions that may give rise to a TPD claim include:

  • Cancer
  • Chronic heart disease and other serious cardiac conditions
  • Stroke and other chronic neurological conditions
  • Multiple sclerosis and other autoimmune diseases
  • Parkinson’s disease and motor neurone disease
  • Fibromyalgia and chronic pain conditions
  • Severe mental health conditions, including PTSD, severe depression and schizophrenia
  • Progressive lung disease and other chronic medical conditions

Every policy is different, and eligibility depends on a person’s individual circumstances. However, many patients are surprised to learn that chronic illness alone may be enough to trigger an entitlement.

When should TPD enter the conversation?

A good time to start the conversation is when a patient’s illness is beginning to affect more than their health.

The conversation may be appropriate when a patient:

  • can no longer perform the inherent duties of their occupation
  • has exhausted sick leave and is struggling financially
  • is unlikely to return to their previous level of employment
  • has been referred for long-term specialist management
  • is discussing early retirement because of their condition

Patients often focus on managing their diagnosis and may not realise financial support could already be available through insurance they have held for years.

Practice tip: A simple question such as, “How has your condition affected your ability to work?” can open a broader conversation about the practical impacts of illness and whether additional support may be available.

Not every patient will be eligible to make a claim, but raising awareness enables them to seek appropriate advice and better understand their options.

The important role of medical evidence

Medical evidence is important to many TPD claims.

GPs play a key role here, providing a longitudinal picture of a patient’s condition, documenting symptoms, treatment, progression and the functional impact on day-to-day life.

This ongoing clinical relationship can help demonstrate how an illness has affected a person’s ability to work over time.

While legal and insurance assessments ultimately determine eligibility, thorough and accurate medical documentation assist in presenting a clear picture of the patient’s circumstances.

Supporting the whole patient

Helping patients navigate the financial consequences of chronic illness is not about giving legal advice. It’s about recognising when an illness has fundamentally changed a person’s ability to work and ensuring they are aware that support may be available beyond the healthcare system.

For many patients, accessing an insurance entitlement can reduce financial stress, provide greater stability and allow them to focus on their treatment, recovery, and quality of life.

Lydia Wheatley is a Partner and TPD Practice Group Leader at Law Partners Personal Injury Lawyers.

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