Most working Australians have a superannuation policy and many have income protection insurance. If you need to take extended time off work due to illness or injury, you may be able to claim on your income protection or, in severe cases, request an early release of part, or all, of your superannuation.
If your condition has prevented you from ever returning to work please visit our page on TPD and Death Benefits.
Claiming benefits under an income protection policy or negotiating with your superannuation fund is seldom a matter of making a phone call and filling in a form. Insurance claims can be complex and there are usually many hoops to jump through.
Navigating fine print is our specialty and our experienced lawyers have assisted many clients with making claims, lodging complaints and resolving disputes with superannuation funds and insurers.
What is income protection?
Income protection is a type of insurance that covers (generally up to 75% of) your usual income if you are unable to work because of illness or injury. It may form part of your superannuation or you may have purchased income protection as a stand-alone product. Many of our clients are unaware that they even have income protection so our first step is usually to review your policies to determine your entitlements.
How can we help?
Insurers and superannuation funds are large bodies with external or in-house legal representation. Claims will be carefully scrutinised before a decision is made to pay. An insurer’s objective is to maximise profits – your objective is to obtain your rightful entitlements in unfortunate circumstances. These objectives do not always align and if you’re not aware of your rights, your interests may not be protected.
The terms of income protection policies vary as do their definitions, waiting periods and eligibility requirements. Many claims are paid without undue delay or unreasonable requests however some become protracted adding unnecessary stress and anxiety.
After reviewing your documents our expert lawyers will let you know if you can pursue a claim.
We help our clients by:
- completing and lodging claim forms and arranging supporting documents;
- dealing with requests for additional information, identifying any unreasonable requests and negotiating with the insurer or superannuation fund;
- ensuring your illness or injury is assessed fairly;
- ensuring that your claim is assessed in a timely manner and in accordance with the law and the insurer’s obligations;
- building a case to dispute an insurer’s decision if your claim is declined;
- advising on the best course of action to take if your dispute is not settled, whether that be through the Superannuation Complaints Tribunal, the Financial Ombudsman Service or initiating Court proceedings;
- guiding you through the whole process to secure your entitlements.
If you are sick or injured, your road to recovery will likely be longer than necessary if your insurer or superannuation fund presents obstacles and resistance in paying a reasonable claim. If you need assistance negotiating with your insurer or superannuation fund our experienced lawyers are ready to help.
How much will it cost? We offer ‘no win, no fee’* arrangements for these types of cases, which means that you don’t have to pay our legal fees unless your claim is successful. We believe anyone with a claim deserves access to legal representation, no matter their financial circumstances.
Legal costs will depend on the amount of work required to resolve your claim.
For more information on our No Win, No Fee* guarantee, contact our expert lawyers for a confidential and obligation-free consultation.