If your workers compensation psychological injury claim has been denied in NSW, we understand this can be frustrating and overwhelming. You’ve been dealing with a real injury that affects every part of your life, and now you’ve been told you don’t qualify.
However, you’re not alone. We’re seeing more people in exactly your position, with recent government changes to the workers compensation rules in NSW making it harder to get psychological injury claims approved. But a denied workers comp claim doesn’t mean you’re out of options.
There’s another pathway that many people don’t know about. It’s called a TPD claim (which stands for a total and permanent disability claim) and is usually made through your superannuation, or another kind of insurance policy.
Either way, it could make a real difference for you.
In this article you’ll learn how it works, what you need to know, and how to give yourself the best chance of making a successful TPD claim for your psychological injury.
If you’ve recently had a psychological injury claim denied in NSW, it may be connected to recent changes in the law.
In July 2026, the NSW government increased the Whole Person Impairment (WPI) threshold for psychological injury workers compensation claims. In simple terms, this means the bar has been raised and the terms are stricter. Your psychological injury now needs to meet a higher level of assessed impairment before you can qualify for a workers compensation claim.
These new rules have hit a lot of people hard. Genuine psychological injuries like PTSD, anxiety, and depression, often no longer meet the new threshold under workers compensation. And that’s incredibly frustrating, because the injury is just as real and just as debilitating as it was before the rules changed.
A denied claim doesn’t mean your injury isn’t real or serious; it simply means the system has changed the goalposts. And that’s where most people get stuck – they think a denial is the end of the road. It may not be.
TPD once again stands for ‘Total and Permanent Disability’. It’s a type of insurance that most Australians have bundled into their super fund, although many don’t even realise it’s there. It’s not the same as income protection insurance or life insurance, which are types of cover people tend to know whether they have or not.
A TPD claim is completely separate from workers compensation. It’s assessed under different rules, by different people, using different criteria. So even if your psychological injury claim has been denied under workers comp, you may still be eligible for a TPD payout through your super.
With workers compensation, you’re claiming through the NSW workers compensation system. Your claim is assessed against specific thresholds set by the NSW government, including the new, higher WPI threshold for psychological injuries.
A TPD claim works differently. You’re claiming against an insurance policy held inside your super fund. The insurer assesses whether your condition meets the TPD definition in your policy. That definition focuses on whether you can return to work, not on a government-set impairment threshold.
This is why many people who’ve been denied workers compensation may still succeed with a TPD claim. The two systems look at your psychological injury through completely different lenses.
You don’t need to prove your injury was caused by work. You just need to show that your psychological condition prevents you from ever returning to your usual job. Or, in some cases, any job you’re suited to by education, training, or experience.
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Get startedOur specialist lawyers have helped many clients make successful TPD claims for mental health conditions. Here’s what makes the biggest difference:
Another piece of advice: don’t try to downplay your condition. If you’re struggling, it’s important that your medical evidence reflects that honestly. The insurer needs to see the full picture of how your injury affects you.
It’s important to consider everything above before preparing a claim, and that’s where our TPD lawyers and specialists can help. Submitting a detailed, professional and well-prepared claim submission upfront reduces delays, questions, and the number of requests for more information from the insurer. We’d take care of this entire process for you, as outlined below.
For more information refer to our detailed guide to successful TPD mental health claims.
For detailed information on how to make a claim, refer to our complete guide to TPD claims.
Here’s a step-by-step overview of the claim process:
The whole process typically takes a few months, though it can vary depending on the complexity of your claim and how quickly the insurer processes it. Having our TPD specialists manage your claim often helps speed things up, because we know exactly what the insurers need and can avoid the back-and-forth that slows claims down.
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You’re not legally required to have a lawyer for a TPD claim. But based on many years of helping clients, having a specialist on your side makes a significant difference to the outcome.
Super fund insurers don’t make it easy. They’ll look for reasons to deny your claim. They can also contact you directly on the phone if you are not represented and ask tricky questions about your potential to return to work. They might request additional medical exams, question your treatment history, or interpret policy definitions in a way that works against you. If you don’t know how the process works, it’s easy to make mistakes that hurt your claim without even realising it.
Our TPD specialists know exactly how to put your claim together so it has the best chance of success. We know what the insurers look for, what evidence carries the most weight, and how to push back when a claim is unfairly delayed or denied.
At Law Partners, we’ve helped thousands of people with their TPD claims. We have a success rate of over 99%, and we’re recognised in Doyle’s Guide as one of Australia’s leading personal injury firms.
We also work on a no-win, no-fee basis. This means you don’t pay us unless we win your claim. We even cover the disbursements (the out-of-pocket costs like medical reports and assessments), so there’s zero financial risk to you. That’s something we feel strongly about, because you shouldn’t have to worry about legal fees when you’re already dealing with so much.
Having a psychological injury claim denied in NSW is tough. But it’s not the end of the road. A TPD claim through your super could be the pathway to the financial support you need.
Every claim is different, and the best way to find out what you’re entitled to is to talk it through with someone who does this every day. Our TPD specialists would welcome the opportunity to discuss your situation and help you understand your options.
Call for free, no-obligation claim advice from our specialist personal injury lawyers.
