Living with fibromyalgia is more than just dealing with pain—it’s a daily struggle that affects your ability to work, concentrate, and complete even basic tasks. If your condition has made it impossible to continue working in a job you’ve done before or a job you’ve been trained for, you might be wondering: Does fibromyalgia qualify for disability in Australia?
The good news is that you may be eligible for a Total and Permanent Disability (TPD) claim through your superannuation. Unlike Centrelink’s strict requirements, TPD claims focus on whether your condition prevents you from working in your usual occupation or any other role suited to your skills and experience. If you can no longer work due to fibromyalgia, you may be entitled to a lump sum payout.
In this blog, we’ll explore whether fibromyalgia is considered a disability in Australia, how TPD claims work, and the steps you can take to strengthen your claim. If fibromyalgia has left you unable to work, you don’t have to face this process alone. Contact our team of experienced compensation lawyers today for a free claim assessment to see if your fibromyalagia qualifies as a total and permanent disability under the definition of your superannuation insurance policy.
What is Fibromyalgia?
Fibromyalgia is a long-term medical condition that can cause widespread pain accompanied by fatigue, sleep, memory, and psychological issues. If you find yourself in such a situation, you may not be able to work. In that case, you may be entitled to make a TPD claim in Australia for your fibromyalgia disorder.
How Common is Fibromyalgia in Australia?
According to Healthdirect Australia, around 2-5% of people suffer from fibromyalgia, and the frequency is higher amongst young and middle-aged females.
What Can Cause Fibromyalgia?
Unfortunately, it is not scientifically known what causes fibromyalgia however based on medical opinions (we are not doctors and this is not medical advice, please consult your doctor) there’s a positive correlation between some conditions and fibromyalgia that includes:
- pain from an injury or trauma (such as a car accident or workplace accident)
- ongoing emotional stress, depression, and PTSD
- inflammatory arthritis (such as ankylosing spondylitis)
- viral infections
Even though the symptoms above may cause fibromyalgia, many doctors report that fibromyalgia can start without any apparent effect.
Does Fibromyalgia Qualify as a Total and Permanent Disability in Australia?
You may be eligible to claim total and permanent disability (TPD) benefits through your superannuation insurance if you are unable to work due to injury or illness regardless of the cause of it. Given that fibromyalgia is known to be a serious medical condition that can put you off work, you can claim a TPD payout for fibromyalgia, depending on your policy. Please contact our TPD lawyers who will do a free claim check for you and advise you if you qualify.
General Eligibility for TPD Claims
Eligibility depends on each policy and each superfund and your specific circumstances. However, generally, If you:
- Are not able to work within your previous education, training or experience due to illness or injury
- Became unable to work under 65 years of age
- Have a valid TPD superannuation insurance policy that covers you
Can I Make a Workers Compensation Claim for Fibromyalgia?
Even though the law changes from state to state, in NSW, you may be entitled to make a workers compensation claim for fibromyalgia if yemployment was the main contributing factor
Eligibility for Workers Compensation Claims
If you:
- Are a casual/permanent/part-time/full-time employee
- Have been injured at work, because of work.
Also, you may be entitled to make a common law claim if your injuries are assessed at 15% whole person impairment or greater, and they occurred as a result of your employers’ negligence.
Can I Make a Compensation Claim for Fibromyalgia After a Car Accident?
If you are injured and suffered fibromyalgia due to a car accident, you may be entitled to make a car accident compensation claim. The entitlements and process differ depending where the accident occurred. If the car accident occurred in WA please click here for more information. If the accident occurred in NSW please click here for more information.
How Much Compensation Can I Receive for Fibromyalgia?
How much compensation you can receive for fibromyalgia depends on multiple variables including the claim type, nature of the accident, your recovery time, age, economical loss, being able to go back to work, and age. However, the compensation benefits are as follows:
Workers' Compensation Benefits for Fibromyalgia
Workers compensation benefits for fibromyalgia can include:
- Weekly wages – based on your capacity to work
- Travelling expenses
- Medical and rehabilitation expenses
- Payments to help you return or retrain to work
- Lump sum payment for permanent impairment
It generally takes weeks to receive weekly wages, travel and medical expenses but it may take 1-2 years for a workers compensation claim to be settled. You can reach our experienced workers compensation lawyers in NSW to estimate your workers compensation payout.
Car Accident Compensation Benefits for Fibromyalgia
The type and extent of car accident compensation benefits depend on which state the accident occurred. Both allow for lump sum payouts depending on the extent of your injuries and your circumstances. For more information, please contact our car accident lawyers for a free claim check.
TPD Claim Benefits for Fibromyalgia
If you have made a TPD claim with the evidence required, you can expect to receive a decision within 3-12 months from lodgement. If successful those benefits could be either or all of the following:
- Total and Permanent Disability payment
- Income protection benefits
- Terminal illness benefits
Total and Permanent Disability payout amounts can vary between $70,000 to $2,000,000 depending on your superannuation policy.
The Final Verdict on Fibromyalgia Claims
Each personal injury claim is different and as fibromyalgia can be claimed under TPD, workers compensation,car accident, due to a slip n fall or due to medical negligence, it might not be accurate to mention a specific compensation amount. However, our experienced personal injury lawyer can assess your situation and provide you with a free claim check on the compensation you could claim for your fibromyalgia, depending on your specific circumstances. Reach our lawyers now for a free claim check!
How Can I Make a Fibromyalgia Claim?
You can make a claim generally by putting the entity or person on notice of your claim however the eligibility, process, duration and success depend on where you were injured, how you were injuredyou’re your specific circumstances are. There are strict time limits that apply in making a claim for compensation so please act as soon as possible.
Our No Win No Fee Promise for Fibromyalgia Claims
Our team of personal injury lawyers work on a No Win No Fee basis which prevents you from paying for our legal costs throughout the legal process.
At Withstand Lawyers, we provide a free claim assessment so you know where you stand. During our friendly check, we will ask you questions and depending on the facts, I’ll inform you about what, if any, entitlements are possible for you depending on your specific circumstances.
Call our compensation lawyers on 1800 952 901 or click here to fill out the form to receive a callback.
Issa Rabaya
• Bachelor of Laws
• Graduate Diploma in Legal Practice
• Approved Legal Service Provider to the Independent Review Office
• Member of the Law Society
Issa Rabaya
• Bachelor of Laws
• Graduate Diploma in Legal Practice
• Approved Legal Service Provider to the Independent Review Office
• Member of the Law Society
