Superannuation and Insurance Claims
Superannuation and insurance can be confusing and claims can
be hard to win.
Maurice Blackburn has the 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:
Superannuation insurance benefits and claims – TPD
claims, TI
claims, death benefit claims, applications, rejected claims,
appeals
Other insurance claims - income protection, mortgage
protection,
consumer credit, trauma, life, sickness & accident
Superannuation and insurance rights and
entitlements
Collecting super - contributions, ATO, early
access
Superannuation Schemes - State & Commonwealth
Resigning or leaving work
Centrelink entitlements
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 & insurance claims
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.
Your personal contributions,
paid up to July 1999, can be paid to you
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.
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.
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.
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.
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.
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.