Superannuation and Total and Permanent Disablement Claims (TPD)

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Most Australian superannuation policies contain potential monetary benefits should a policy holder become sick, injured or, in the worst case, die. Many people do not realise that their superannuation scheme offers this cover. Entitlements may include a lump sum payment or ongoing benefits, which could significantly ease financial difficulties at this difficult time.

In addition, you could also be entitled to claim continuing benefits or a lump sum amounts from an insurance policy you may have independently purchased such as income protection, sickness or accident insurance. These claims can be made in addition to any other compensation rights you might have.

It is important you seek expert professional legal advice about these claims at the earliest opportunity to ensure that you are aware of all your benefits, the process for accessing benefits and what to do if your claim is denied. Seeking advice from one of our lawyers with specialist knowledge in superannuation and insurance claims will ensure you have the best chance of obtaining a successful outcome.

A claim for superannuation, disability insurance, or death benefits can be complex. The success of your claim will depend on the wording of any applicable trust deed or insurance policy and the medical evidence available about your condition. Our expert lawyers can represent you during the assessment process to ensure that your claim is assessed fairly and reasonably by the fund and the insurer.

If you already have a dispute with a superannuation fund or insurer over an entitlement, our expert lawyers can help you challenge the fund’s decision by requesting an internal or external review and, if necessary, by taking court action on your behalf.

You might be able to claim if:

  • You were working and your employer was paying compulsory superannuation and you suffer an injury or illness that has prevented you from working for 6 consecutive months;
  • You have entered into a private contract of insurance for income protection or disability insurance;
  • A person that you are dependent on (such as your partner or parent) dies and you wish to claim death benefits from the deceased’s superannuation fund or private insurer; and

It usually does not matter how your injury or illness came about. Many people on workers’ compensation, motor vehicle injury compensation, Comcare or the Centerlink Disability Support Pension can claim as well as people who suffer an unexpected illness that prevents them from working.

What do we do for you?

There are a number of things that must be done behind the scenes to make sure that your claim is prepared properly and well presented. We will investigate the accident, start court proceedings and get medical reports from your doctors about your treatment, condition and disabilities. We will also get details of your wages and any workers’ compensation payments from your employer. We will advise you of the amount of compensation you are likely to get. We also negotiate with insurance company solicitors. We will explain what is happening at each stage of your case. Finally, we will fight for you in court.

We will guide you through the process from opening your case through to final settlement of your claim.

We offer the first consultation free to ascertain the details of your claim. Then we can advise you on the procedures involved in making a claim for compensation through the courts, or by mediation and negotiation.

We can also come to visit you if your injury means you are stuck at home or in hospital.

We only require payment of our professional fees if the action taken on your behalf is successful.

Look over our fees, understanding our fees, or one of our case studies.

    Useful Links »

  1. Comcare – Administers the Commonwealth workers compensation scheme: www.comcare.gov.au
  2. NSW Motor Accidents Authority – Contains information in relation to NSW Motor Vehicle accidents: www.maa.nsw.gov.au
  3. Worksafe ACT – Contains information in relation to the ACT Workers Compensation Scheme: www.worksafe.act.gov.au
  4. NSW Workcover Authority – Contains information in relation to the NSW Workers Compensation Scheme: www.workcover.nsw.gov.au
  5. NSW Workers Compensation Commission – Resolves workers compensation claim disputes in NSW: www.wcc.nsw.gov.au
  6. Medicare: www.medicare.gov.au
  7. Centrelink: www.centrelink.gov.au
    Useful Forms »

  1. Medicare Third Party Authority: Medicare Third Party Authority – 00146751.pdf
  2. Conditional Cost Agreement: Conditional Costs Agreement – 00148040.doc
  3. Authority to Release Medical Information: Medical Authority – 00148043.doc
  4. Authority to Release Confidential Information: Authority to Release Confidential Information – 00148041.doc
  5. ACT Accident Notification Form: ACT Personal Injury Claim Notification.pdf
  6. ACT Workers Compensation Claim Form – Incapacitated worker: 2002-88.rtf
  7. ACT Workers Compensation Claim Form – Dependent of worker: 2002-89.rtf
  8. ACT Workers Compensation Medical Certificate: 2004-3.rtf
  9. NSW Workers Compensation Claim Form: workers_injury_claim_form_5299.pdf
  10. NSW Workers Compensation Certificate of Capacity: workcover-certificate-capacity-1300.pdf
  11. NSW Motor Accident Personal Injury Claim Form: NSW MVA Claim Form.pdf
  12. ACT Motor Accident Notification Form: MVA – Notification Form.pdf