Superannuation & Insurance Disability Claims

Workers facing periods without income from work due to their injury or illness, may be able to claim insurance benefits. We will assist you to obtain your rightful income protection payments or disability benefits under any applicable insurance policy or superannuation fund if you are unable to work.

Income Protection and Total & Permanent Disability Insurance

Income protection insurance protects workers against financial hardship if they are incapacitated and unable to work for a period of time due to an illness or accident.

Total and Permanent Disability (TPD) insurance provides lump sum compensation to an insured person if they have sustained permanent disability and can no longer work in their usual occupation or other type of employment, taking into consideration their qualifications, experience and training.

Income protection and TPD insurance can usually be paid if any injury or illness prevents a person from working, no matter what the cause. In other words, the illness or injury need not have occurred at work, nor do you have to establish that somebody else was at fault for your condition.

Am I insured?

TPD insurance may be purchased as a stand-alone policy, however, is often bundled with death cover within a superannuation policy. If you have an active superannuation account that is receiving regular contributions, you may have TPD insurance. In fact, many people are unaware that they have this type of insurance, so it is worthwhile checking your superannuation policy to see if you are covered for TPD, and if your level of cover is adequate.

Similarly, income protection may be available to purchase through your superannuation fund, or as a separate policy. If you obtain TPD or income protection cover through your superannuation, the premiums are usually deducted from your superannuation account balance.

It is important to check your superannuation and other insurance documents regularly to determine the type of insurance you have, your level of cover, and the applicable terms and conditions under which compensation will be made if you need to make a claim. We can help you with this.

Making a Claim

You will need to complete a claim form and provide supporting evidence such as medical reports, employer statements, trade certificates and information regarding your training and experience. After your claim is lodged, the insurer will usually ask for you to be examined by its own medical expert and may request more information. The insurer will assess your claim and determine whether to accept or deny it.

Insurers and superannuation funds have specific requirements that a person must meet in order to make a successful claim and generally have their own rules, definitions, eligibility requirements and waiting periods. The term, “total and permanent disability” however, typically means that you have been unable to work in your usual occupation for at least six months and you are likely never to be able to engage in any gainful work for which you are reasonably qualified.

How can we Help with your Insurance Claim?

Making a TPD or income protection claim can be complex, and can be even more so when you are trying to deal with health issues. Insurance companies are typically profit driven and, while you can make a TPD or other insurance claim without being represented by a lawyer, it is important that you get the maximum insurance that you are entitled to and do not sign away your legal rights. Accordingly, we recommend seeking legal advice before signing any documentation or accepting an offer from the insurer.

We can review your policy to determine eligibility, complete your claim and help you to arrange the supporting evidence. If your claim is denied, we will review the reasons for denial and provide guidance on challenging the decision.

If you need any assistance, contact one of our lawyers at [email protected] or call 03 9600 2508 for expert legal advice.