Superannuation Lawyers

You may be entitled to make a claim your superannuation benefits if you are unable to work because of an illness, injury or any other medical reason. Superannuation insurance claims can be claimed as soon as you are unable to work. With regards to the process that is followed in making a superannuation insurance claim it depends on which benefits you are eligible for- falling into one or more of these categories:

Note that this illness or injury does not have to be work related, and the requisite superannuation claim benefit to cover these unfortunate events may include a monthly income payment or lump sum insurance pay-out. Given the fact that each situation and policy is unique, what monetary amount can be claimed can vary depending on the policy- from, for example, a Total and Permanent Disability (TPD) benefit payment which is usually on average anywhere between $50,000 – $350,000, whereas income protection benefit of up to 75% of your gross wage may be paid in instalments.

Average superannuation disability payouts

As it is quite difficult for the exact claim amount to be assessed, the role of our Superannuation claims lawyers are to put your mind at ease by way of:

Communicating with your insurer on your behalf

Collating all the important facts and details

Ensuring you receive the full superannuation benefit where you are clearly entitled

If the above information has not acted to resolve certain doubts that you have in your mind regarding superannuation insurance, then it may be important to note that where either of these superannuation benefits are claimed, it does not come out of your super. Therefore, where a claim is made and it is successful, the benefit you receive will be paid from a separate insurance policy that your super fund opened on your behalf when you joined as a member.

How to know if I have a superannuation/TPD claim?

Insurance policies can be different from one another; that’s why people who suffered an injury or illness that cannot work should find out what their policy says about this situation.

We understand that it’s complicated to start your claim but we also provide free superannuation claim check online and in-person to help you understand your entitlements. You can call our lawyers on 1800 952 901 or fill out the claim check form to start your superannuation claim.

When can a superannuation claim be lodged, and how can it be claimed?

Superannuation insurance claims can be claimed as soon as you are unable to work due to illness, injury or any other medical reason. With regards to the process that is followed in making a superannuation insurance claim it depends on which benefits you are eligible for. You may be entitled to Total and Permanent Disability (TPD), Income protection benefits, and Terminal illness benefits.

The free initial consultation with our experienced Superannuation lawyers include:

Free initial consultation with you and gathering of details
Investigation of your entitlements and determination of your eligibility based on your policy and advice provided to you in the clearest and most easy to understand way.
Obtaining any necessary evidence which supports your inability to work and to meet the TPD definition.
Once our superannuation lawyers are satisfied that you meet the eligibility criteria, we would lodge your claim.

What are the requirements of making a superannuation insurance claim?

Given that each superannuation insurance claim is unique, and further the type of superannuation claim made will dictate what the insurer requires you to prove, as there are special elements that must be met for a superannuation claim to succeed.

The usual definition of TPD is that you are considered totally and permanently disabled if you are unable to work ever again in ‘any occupation’ for which you are suited by ‘education, training or experience.’ In addition, where you wish to pursue a superannuation benefits claim from your Insurer on the basis that you have suffered an illness or injury that has radically changed the way you live, you must be aware of the fact that the following documents are to be provided:

claims form
medical reports that support the claim
relevant tax records and sometimes even written submissions

How long does a superannuation insurance claim take?

Under the Life Insurance Code of Practice, an Insurer is required to decide on a superannuation claim within six to twelve months, but this depends on whether or not the superannuation claim is considered complex or not.

For instance, where the claim is more serious and requires greater medical or expert evidence to demonstrate how the illness or injury has dramatically affected your life, it is inevitable that the insurance claim process will take much longer than one that is not as detrimental.

What are the time limits imposed on it?

In respect of the time limit attached to superannuation insurance claims, it can be said that a claim is most commonly required to be notified as soon as possible after the date work is ceased.

This infers that once you become either inured or ill, and it has forced you to stop working, a claim can be taken to our superannuation claim lawyers at Withstand Lawyers who are ready to assist, by guiding you at every step of the way.

Can I go back to work after a superannuation claim payout?

Usually, this is the last concern for a client as at this point they have usually given up on the prospects of returning to work.

Also, it’s important to understand that many superfunds definitions of unable to work are that you are unable to work in any occupation that you are suited by education, training or experience, not ANY occupation.

Regardless, if through medical treatment or whatever the reason that you find yourself able to return to the workforce rest assured and feel good knowing that are attempting to work despite your injury or illness.

Frequently asked questions

Am I automatically covered for superannuation benefits?

When you are unable to work, you may claim superannuation compensation from your individual insurance fund, depending on your individual policy. So, technically you are covered but that does not mean that you will receive superannuation benefits. You will need to make an official claim to your insurer by presenting necessary evidence.

How can I find my superannuation insurance policy?

Not every Australian knows that they probably have a superannuation fund that may cover them in case of injury or illness. If you don’t know which superfund you are a member of you can find out by reading your payslip or contacting your accountant. Alternatively, you can contact us for assistance on how to find out which superfunds you are with and whether or not insurance is included and whether you can make a TPD claim or not.

What evidence do I need to provide for my superannuation claim?

You should be able to provide a medical certificate from an approved specialist to show you qualify for a payout. Also, you should provide details of your role at work and why you are unable to work due to your injury or illness. Once you draft all necessary documents, you will need to fill out the claim form to commence your superannuation claim.

How much do lawyers charge for superannuation claims?

Different companies may charge fixed or variable amounts: however, at Withstand Lawyers, you do not have to pay for upfront costs and out of pocket disbursements. Our team works on a No Win No Fee basis which means that do you not pay our firm anything unless we obtain your entitlements.

What can I do if my superannuation injury claim is refused?

Don’t worry if your claim is refused; insurance companies can make incorrect decisions and you are entitled to a review for their decision. If you think that what they say is unfair, then you can submit a formal complaint to your superannuation provider. Also, you can reach the industry tribunal or financial ombudsman service to make a complaint. Feel free to contact our superannuation lawyers to get the best advice for your claim.

Can I appeal if my claim is rejected?

Don’t worry if your superannuation claim is refused. You can appeal the superannuation insurer’s decision and get them to review your claim again.

Our experienced lawyers may request additional medical evidence or instructions from you if they think that it will help your prospects of challenging the refusal.

Even if your second application is refused, our experienced superannuation lawyers can appeal that decision through the courts if they believe you have reasonable prospects of success.

What rights of appeal are available to me if I am not happy with the decision made regarding my superannuation insurance claim?

You can either: appeal to the Australian Financial Complaints Authority (AFCA); or secondly, lodge a complaint about the super fund or insurer’s decision- which will lead to a formal review process. Irrespective of this, you must be aware of the fact that your claim is more likely to be successful where strong supporting evidence, such as medical reports and loss of income due to the illness or injury sustained is given. Our superannuation lawyers will be able to advise you in the clearest possible way as to whether or not you have reasonable prospects of succeeding in your superannuation insurance claim without having to go through the process and finding out at the end.

Who is entitled to claim superannuation death benefits?

Dependents of the person who passed away are eligible to make a superannuation claim to receive death benefits. Dependents include but are not limited to the partner, children and financially dependent person.

Why should you use Withstand Lawyers to assist you with Superannuation and TPD insurance?

At Withstand Lawyers, we are dedicated in helping you to receive the benefits that you rightly deserve, especially where you have suffered an illness, injury or other medical condition that has changed your ability to work. We are always ready to listen to your story, collect all the paperwork that you may be feel confused by and communicate with experts such as medical professionals and insurers on your behalf to ensure that you can receive the best result and pay-out possible. With the knowledge that any kind of accident sustained by yourself, whether it be a motor vehicle, work, or medical negligence incident has left you distraught and you need someone to represent you such as well-experienced Superannuation lawyers.

No Win No Fee Superannuation Lawyers

We work on a No Win- No Fee arrangement. This means that unless we are successful in reaching settlement and having your superannuation insurance benefits paid out, you will not pay any costs or disbursements we require such as medical or other expert reports.

Free Initial Consultation

Complete for eligibility advice

TPD Claim.

Motor Accident Injuries.

Work Compensation.

Medical Negligence.

Public Liability.