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Chronic pain affects millions of Australians, impacting everything from mobility to mental health and independence. Chronic illness conditions like endometriosis, fibromyalgia, chronic migraines, autoimmune disorders and neuropathic pain are often invisible, misunderstood, and take a huge toll over time.

What many people don’t realise is that their superannuation may include insurance benefits designed to support them when they can’t work due to illness or injury. These benefits can provide crucial financial stability during an already challenging journey.

At Maurice Blackburn, we understand how overwhelming it can feel to manage chronic pain and navigate insurance systems. Here’s what you need to know about your super insurance and how to protect your rights.


Chronic pain super insurance benefits

Most Australians are surprised to learn what their super insurance covers. Common benefits include:

Total and Permanent Disability (TPD) insurance

You may be eligible to lodge a TPD claim with your insurer or superannuation fund if you've suffered an injury or illness that permanently prevents you from working your normal job or any other related job you’re suited for. 

To make a TPD claim, you must meet two key requirements:

  1. You had TPD insurance cover at the time you stopped working. Most superannuation funds automatically include it, and if you have multiple super accounts, you may be able to make separate claims.
  2. You’re unable to perform your normal job or any other role suited to your education, training or experience.

In some situations, you may also be able to access part of your super early to pay for costs such as:

  • surgery
  • medical appointments
  • pain management programs
  • rehabilitation
  • scans or investigations not fully covered by Medicare
  • treatment for endometriosis or chronic pelvic pain

This can be crucial if you’re facing long waitlists or expensive private care.

Income protection insurance

If you’re unable to perform your usual duties because of chronic pain, income protection insurance may replace part of your income while you recover.  

Our experienced lawyers are here to help guide you through the process of making an income protection claim and are by your side to ensure you receive your full entitlements. 

What the research shows

Chronic pain is complex, and insurers often scrutinise these claims because symptoms can fluctuate and medical records may be inconsistent. But unfortunately, the issue runs deeper: according to the 2025 Inquiry into Women’s Pain, women are far more likely to have their pain dismissed or minimised. 

The 2025 Women’s Pain Gap Report found that 90% of women reported experiencing pain lasting more than a year, and 54% said they live with pain every day. Alarmingly, 44% of the 13,000 respondents said that pain disrupts their work, study or volunteering. These statistics illustrate that it’s not just chronic pain, it’s a systemic issue of underdiagnosis and dismissal. 

Jane’s story

In 2022, our client Jane underwent a gynaecological procedure and experienced severe abdominal pain, fever and a rash at the site of her surgery. Despite repeatedly returning to the hospital, her symptoms were dismissed and only treated with pain medication, without proper investigation. 

When she finally attended the Emergency Department, doctors discovered she had sepsis and necrotising fasciitis, requiring multiple surgeries and daily wound care that left her unable to care for her young children. We were able to help her claim her backdated income protection entitlements of around $3,000 per month to support her during her recovery. 

Jane’s experience is not unique and illustrates the very real risks of pain being minimised, including her insurance claim.  

Our expert superannuation team know exactly how the system works and will work with you to ensure you receive what you’re entitled to. 

Strengthening your claim

Clear, consistent evidence is essential. Helpful supporting documents include:

  • GP records and medical reports
  • treatment history showing limited improvement
  • employer statements outlining changes in work capacity
  • records of associated mental health impacts

A well-prepared claim can challenge unfair decisions and prevent insurers from minimising your condition.

How Maurice Blackburn can help you

If chronic pain is impacting your ability to work, it’s important to seek legal advice early. Our dedicated superannuation insurance lawyers can manage the claim process for you so you can focus on your health.

With Australia's largest team of specialised superannuation lawyers, you can feel confident knowing that your claim is in capable and compassionate hands. 

You can use our free claim check tool to see whether you may have a superannuation insurance claim. We also offer a no-obligation initial consultation to understand your situation and explain your legal options. And with our No Win, No Fee policy, you’ll only pay our fees if we win your case. Contact us today.

Our specialist superannuation lawyers are here to help.

If you're unable to work due to illness or injury, you may be eligible to make a claim on your superannuation insurance. Your injury can be physical or psychological and doesn't need to be work-related. We can help you understand what options are available to you. 

Easy ways to get in touch

We are here to help. Give us a call, request a call back or use our free claim check tool to get in touch with our friendly legal team. With local knowledge and a national network of experts, we have the experience you can count on. 

Office locations

We’re here to help. Get in touch with your local office.

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We have lawyers who specialise in a range of legal claims who travel to Australian Capital Territory. If you need a lawyer in Canberra or elsewhere in Australian Capital Territory, please call us on 1800 675 346.

We have lawyers who specialise in a range of legal claims who travel to Tasmania. If you need a lawyer in Hobart, Launceston or elsewhere in Tasmania, please call us on 1800 675 346.