From Our Desk

Have you suffered an injury, become ill or developed a condition that means you are unable to work? Regardless of the cause of your illness, injury or condition, you may be entitled to apply for the early release of accumulated superannuation contributions and/or to receive the payment disability insurance that you have entered into privately, that is held via your superannuation fund or arranged by your employer. 

As some superannuation funds have an automatic offering of insurance, you may hold disability insurance even if you did not apply for such cover. 

Applications that may be able to made include claims for:

• income protection;
• total and permanent disability;
• trauma;
• terminal illness or condition; and
• death benefits.

Our team of experienced disability insurance lawyers can provide you with clear and concise legal advice to enable you to fully understand your rights and, if you wish, to initiate the claim process. Call us on 1300 557 884 to find out more and have a confidential discussion.

Income protection claims

Income protection insurance can provide you with income when you are unable to work due to an injury, illness or condition.

Whether via a private insurance policy or a policy attached to your superannuation, you may be able to claim income protection benefits if you need to take an extended period of time off work due to an injury, illness or condition. 

Most income insurance policies provide for coverage for a period of up to two years, but comprehensive policies can provide cover for your working life.

Waiting periods also normally apply, and these periods vary depending on the policy of insurance. 

Total and Permanent Disability claims

If you are unlikely to ever work again due to an injury, illness or condition, you may be entitled to make a claim for a total and permanent disability benefits through an insurance policy attached to your superannuation fund or via a private insurer. 

Waiting periods also normally apply, and these periods vary depending on the policy of insurance. 

Your eligibility to receive these benefits is contingent on you meeting a definition of being “totally and permanently disabled”, and this definition invariably varies between insurance policies.

As steps taken to rehabilitate and retrain you, after suffering an injury, illness or condition, may impact on your entitlement to receive total and permanent disability benefits, it is important to seek early advice about your entitlement to receive such benefits. 

If you would like to find out more about your entitlement to make a claim for total and permanent disability benefits, call us on 1300 557 884 to speak with one of our experienced disability insurance lawyers.

Trauma insurance claims

If you have suffered a defined trauma, which may include an injury, illness or condition such as cancer, a stroke or a heart attack or loss of a limb, and even if you make a full recovery from the trauma, you may be entitled to receive a trauma insurance payment.   

Each policy of insurance will have a specific definition of what injury, illness or condition meets the definition of trauma. 

If such a definition is satisfied, a lump sum fixed amount is normally paid. 

Terminal illness claims

If you are suffering a terminal illness or condition you may also be entitled to claim a terminal insurance benefit.

The definition of terminal illness or condition varies depending on the insurance policy. 

In addition to a terminal benefit, if you are certified terminally ill and irrespective of your age, you will be entitled to access your accumulated superannuation contributions.

Death benefit claims

Has a loved one passed away? If so, you may be entitled to claim a death benefit held via insurance with their superannuation fund or a private insurer. 

If a loved one has passed away in an accident and/or because of another person’s negligence or intentional act, you may also be able to pursue a claim in respect to their passing. Click here to find out more about death and dependency claims. 

Other Avenues

In the event you have had an insurer decide you are not entitled to one of the abovementioned benefits, you may have the right to:

1. seek an internal review of the decision;
2. lodge a complaint with the Australian Financial Complaints Authority;
3. pursue a claim, including potentially commencing court proceedings, for breach of contract.

Strict time limits may apply to such avenues and you should immediately seek legal advice in respect to your rights.

If your claim has been suspended or cancelled, in addition to the above avenues, you may also be entitled to lodge a new claim.

How can we help?

Superannuation and disability insurance claims can be complicated.  Each superannuation fund and insurer offers different entitlements with different entitling definitions.  

Our team of experienced disability insurance lawyers can help you determine your eligibility to make a claim. 

Please get in touch for a confidential conversation so we can provide you with legal advice tailored to your specific circumstances.

Call our team on 1300 557 884 to discuss your eligibility and scope to claim.

If you or a loved one need to consult a lawyer during this difficult time, call us during business hours, the Fisher Dore Lawyers team is available for enquiries on 1300 557 884 or send a confidential enquiry.