Did you know that around one in 45 Australians acquire a brain disorder? 

As a particularly debilitating injury, a  brain injury has been said to result in a greater decrease in quality of life than the average person living with a disability. 

In this blog post, we’re outlining what legal options may be available to you should you or a loved one find yourself part of this sobering statistic. 

Brain Injuries Defined 

‘Brain injuries’ is an umbrella term used to describe a range of different injuries. Generally, brain injuries are distinguished by either being ‘acquired’ (this means the injury was sustained after birth, for example through a skull fracture or direct impact to the head) or ‘degenerative’ (this refers to brain disorders such as Alzheimer’s or Dementia). 

Examples of Brain Injuries

Examples of brain injuries include: 

  • a brain tumour; 
  • Meningitis; 
  • a concussion;
  • a stroke; 
  • Foetal Alcohol Spectrum Disorder;
  • Dementia; 
  • Alzheimer’s; or 
  • infections of the brain.

Effects of Brain Injuries 

Each injury is different. Brain injuries range in their severity, complexity and length. The effects of a brain injury can be categorised into the following. 

  • Cognitive Effects (such as memory loss, poor concentration and awareness).
  • Physical Effects (such as dizziness, vomiting, head pain, nausea).
  • Behavioural Effects (for example, irritability, poor social skills and slowed responses).
  • Mental Effects (such as stress, depression, anxiety and personality disorders).

Here at WKB, we understand that your injury extends past these categories. 

As a result of a brain injury, there will likely be major changes to your lifestyle. 

Your ability to work, look after yourself and your family, and your financial security can all change dramatically. Fortunately, you may make a TPD Claim for a brain injury (provided you meet the eligibility requirements) and receive some much-needed financial relief to help you through this process. 

TPD and Brain Injuries

Whether you can claim TPD for your brain injury depends on the nature and severity of your illness. Generally speaking, to make a TPD Claim, you must be able to prove that: 

  • you’ve been out of work consecutively for either three to six months; 
  • you’re under the treating care of your doctor; 
  • you can prove (with medical evidence) that you’re unlikely to return to work; and 
  • you fit your insurer’s definition of ‘totally and permanently disabled.’

Unfortunately, making a TPD claim can get complex. Each insurer has a different definition of  ‘totally and permanently disabled’, so it’s crucial that you seek legal advice to ensure you meet your insurer’s definition. At WKB TPD Lawyers we offer a No-Win, No-Fee guarantee if we take your claim on. This means that you won’t pay a cent unless you receive a cheque. We also offer a free consultation and free review of your case if you’ve had your claim previously rejected. 

Brain Injuries and the Workplace – does the injury need to be sustained at work to make a TPD claim?

How and where your brain injury was sustained is not relevant to making a TPD Claim. TPD is a No-Fault Insurance, which means that you do not need to prove fault by anyone in order to succeed in making a claim. All that you are required to prove is that you meet your insurer’s eligibility criteria for TPD. 

If you are unsure how this process works, or have any questions or concerns relating to brain injuries and TPD, contact WKB TPD Lawyers on 1800 865 225 or  warrenbennett@wkblawyers.com.au.