‘In life, you have a choice. You can either look back or look forward. I choose to look forward’
– Ian Malesiewski.
Imagine losing the muscle function in your body. Your brain tells your body to do something, but your body doesn’t budge. And this happens over and over again.
What we’re describing here is Paralysis. Broadly speaking, Paralysis refers to a loss of muscle function somewhere in the body. It can affect a local area of the body (for example, the face or the hand) or it can be generalized and affect multiple parts of the body. According to research, 10,000 Australians are living with Paralysis as a result of a spinal cord injury.
If you’re suffering from Paralysis, you may be able to claim a TPD payout and receive much-needed financial relief.
But firstly, let’s break down the different types of Paralysis and when you can claim TPD for these.
What is Paralysis?
As stated above, Paralysis refers to losing muscle function. It’s an umbrella term that describes many different types of muscle function loss.
Types of Paralysis
Paralysis can be characterized by location, severity, duration or whether it is flaccid or spastic.
When characterizing Paralysis by location, it may be any of the following.
- Monoplegia: affects one arm or leg.
- Hemiplegia: affects one arm and one leg on the same side of your body.
- Paraplegia: affects both of your legs.
- Quadriplegia/tetraplegia: affects both of your arms and both of your legs.
To characterize Paralysis by severity requires an assessment of how much control you have over the affected muscles.
When characterizing Paralysis by duration, the question is whether your Paralysis is temporary or permanent. For example, Bell’s palsy can cause temporary Paralysis to the face, or strokes can temporarily paralyze one side of your body. With treatment and time, you may regain coordination and feeling over the affected muscles.
When making a TPD claim, it is very important that you know if your Paralysis is temporary or permanent. To make a TPD claim you must show that you are ‘totally and permanently disabled’. If you have strong chances of recovery due to a temporary Paralysis, a TPD claim is unlikely to be the best course of action for you.
A flaccid Paralysis can cause your muscles to shrink, ultimately resulting in weak muscles. On the other hand, spastic parlaysis causes your muscles to spasm and generally involves tight and hard muscles.
As you can see, there are many different ways to characterize Paralysis. But when it comes to making a TPD claim, it doesn’t matter how your Paralysis is characterized so long as you meet the definition of ‘totally and permanently disabled’.
Symptoms and Causes of Paralysis
Symptoms include numbness, an inability to move the muscle group and sometimes muscle spasms.
Paralysis is often caused by spinal cord injuries, which can result from an accident or fall. It can also be caused by diseases, such as Bell’s Palsy, Guillain-Barre Syndrome, Cerebral Palsy or Amyotrophic Lateral Sclerosis. Strokes, tumours and trauma to the spinal cord and brain can also result in Paralysis.
When it comes to making a TPD claim, it doesn’t matter what caused your Paralysis. Regardless of how the injury occurred, you can make a TPD claim so long as you fit the definition of ‘totally and permanently disabled.’
Making a TPD Claim for Paralysis
You can make a TPD claim for Paralysis if you’ve ceased work due to this injury. You must also show that:
- you’ve been out of work consecutively for either three–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 TPD, so it’s crucial that you seek legal advice. At WKB TPD Lawyers we offer a free consultation and free review of your case should you have your claim rejected. If we do take your claim on, it’s under a No-Win, No-Fee guarantee. This means that you won’t pay a cent unless you receive a cheque.
For any questions or concerns relating to Paralysis and TPD, contact WKB TPD Lawyers on 1800 865 225 or email@example.com.