Maurice Blackburn

Superannuation and insurance can be confusing and claims can be hard to win.

Maurice Blackburn has the largest and most successful plaintiff superannuation and insurance practice in Australia. For over 15 years we have acted for thousands of individuals, recovering many millions of dollars from insurance companies and superannuation funds.

We specialise in superannuation and insurance claims and appeals, including superannuation disability claims (Total Permanent Disability (TPD) and Terminal Illness (TI)), death benefit claims and income protection insurance claims.

Superannuation and insurance benefits

Most, but not all, super policies include extra benefits for disability and death. Some funds also provide a further benefit of a disability pension paid for two years or more.

Super funds often provide for a lump sum to be paid to you if you cannot keep working because of your injury or illness. This lump sum benefit is an 'extra' on top of your super contributions.

Most employment super funds provide disability cover without any health questions, up to certain limits ("Automatic Cover"). This means that if you already had a disability or illness before you joined the fund, you will still be covered for disability benefits - including if you stop work because of a pre-existing injury or illness.

Superannuation disability claims - Total and Permanent Disability (TPD)

Superannuation disability claims usually require careful consideration of complex legal issues.

Your injury or illness does not have to be work-related. For example, a heart attack, Chronic Fatigue Syndrome, cancer, Multiple Sclerosis, mental illness or an injury suffered at home, on the road or outside work can be used for your disability claim. It usually doesn't matter if you had the injury or illness before you joined the super fund.

You don't have to be unfit for all work to be eligible for a TPD claim. For example, if you have only ever worked in manual labour and can no longer do that type of work, it won't matter if the doctors say you could do office work.

If you are receiving the Centrelink Disability Support Pension or Veterans' Total and Permanent Incapacity (TPI) pension, you may still have a super disability claim without it stopping your payments.

Disability claims can be complicated and take a long time, but it's important that you find out about your rights. There are also time limits for appeals to the courts and the Superannuation Complaints Tribunal.

Income protection insurance claims

Income protection insurance covers your income if you can't work because of an injury or illness. Most self-insured people and others in the workforce have income protection insurance.

Many people with injury or illness will be able to claim disability benefits under this kind of policy.

You might be covered under this insurance if you can't do your usual job, any one of the duties of your usual job, or any other suitable work. If you are covered, you will receive fixed monthly payments, or a percentage of your earnings, after a qualifying period. The period of insurance payments will depend on the policy.

If you go back to work, you might still be eligible for partial disability or rehabilitation payments.

Some income protection policies also include trauma benefits for injuries or illnesses such as loss of use of limbs, Motor Neurone Disease, Multiple Sclerosis and heart attack.

Superannuation death benefit and Terminal Illness (TI) claims

Superannuation death benefits claims are usually lump sums or pensions paid to dependents or interdependents of a deceased fund member. Terminal illness claims are usually the payment of a death benefit if you are diagnosed with a terminal illness.

Some superannuation death benefit claims are complicated and can be stressful at a very sensitive time. For example, when you join a fund, you are asked to name the person who you would like to get the death benefit.

However, most nominations are not binding on the fund. In this event, where a husband/wife/partner of the deceased makes an application to the trustee of the super fund for the benefit, the trustee will try to contact all potential dependents informing them of their right to claim. Consequently the benefit may be distributed among a number of people with distribution decided by the trustee. Strict time limits can also apply.

Maurice Blackburn - providing free superannuation and insurance legal advice

It's important to get help from an experienced lawyer before making a claim or appeal. An experienced lawyer will know what questions to ask and how to formulate the claim and get a quicker resolution.

We offer advice on:

For free and confidential advice, click here to be contacted by one of our experts or call 1800 196 050. Unless otherwise stated, all matters are conducted on a "No win - No charge" basis.

FAQs about superannuation and insurance claims

1. What is superannuation?

Superannuation is a long-term savings plan to provide income for your retirement. Most workers are covered by compulsory workplace superannuation, with their employers required to pay the equivalent of at least 9% of their wage into a complying superannuation fund. Some workers make additional personal contributions.

2. When can I get my super?

Your personal contributions, paid up to July 1999, can be paid when you leave a superannuation fund.  However, your post-June 1999 contributions and employer contributions must usually stay in a fund until you reach retirement after age 55 (or up to age 60). This is called your preserved super.

You can get early access to your preserved superannuation in some circumstances. Click here for further information.

3. Whare are superannuation disability benefits?

Most superannuation policies include disability benefits, but not all.

Superannuation disability benefits are Total and Permanent Disability (TPD) and Total and Temporary Disability (TTD) lump sums or disability pensions or both.

They are usually insurance benefits that "top up" the contributions in your fund if you have to stop work.

4. What do I do if my super TPD claim has been rejected?

You can ask the super fund to change the decision. If your claim is still not successful, you can appeal to the courts or to the Superannuation Complaints Tribunal (SCT). There are limits on the types of complaints the SCT can deal with.

It's important to note there are time limits for appeals to the courts and the SCT. Disability claims can be complicated and take a long time but it's very important that you find out about your rights.

For advice and help with a claim or appeal, click here to be to be contacted by one of our experts or call 1800 196 050.

5. What are insurance disability benefits?

Insurance disability benefits are usually lump sum or pension payments available in various insurance policies, resulting from injury or illness.

Insurance disability benefits are usually found in income protection insurance, mortgage protection insurance, consumer credit insurance, trauma insurance, term life insurance and sickness and accident insurance policies.

6. What do I do if my insurance disability claim is rejected?

If your claim is rejected, if your insurance payments stop, are late or reduced, or if you are being mucked around, you can lodge a formal complaint with the insurer.

If you are still not satisfied, you can appeal to the courts or to an industry complaints scheme such as the Financial Ombudsman Service (FOS). FOS is usually quicker and cheaper than most courts, however, there are limits on the types of complaints they can deal with.

There are time limits for appeals to the courts and FOS.

Help

For advice and help with a claim or appeal, click here to be to be contacted by one of our experts or call 1800 196 050.