Do you have an entitlement to claim compensation through a superannuation or insurance policy?
Most superannuation policies contain potential monetary benefits should a member become sick, injured or, in the worst case, die. Often members 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.
In addition, you could also be entitled to claim continuing benefits or a lump sum amount 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 other compensation rights you have.
Why you need independent advice from an expert superannuation and insurance lawyer
It is important you seek independent legal advice 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 a lawyer 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 your trust deed or insurance policy and the medical evidence available about your condition. Our 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 are already in dispute with a superannuation fund or insurer over an entitlement, our 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.
Who can claim superannuation and insurance disability payments and death benefits?
You might have a 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
- You are under 60 or 65 years of age (depending on your policy)
It 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.
Superannuation benefits you could be entitled to
Superannuation and disability insurance benefits can be substantial and may help to ease the financial burden to you or your family during the difficult time that follows death or disability.
Individual policies vary in the level of coverage provided, the waiting period before claims can be made and the length of time benefits are payable.
Slater & Gordon will offer a No Win-No Fee arrangement
Slater & Gordon’s pioneering No Win - No Fee scheme is usually available for superannuation claims. The scheme is designed to help those whose financial circumstances might otherwise deny them access to legal representation. Your lawyer will tell you if you're eligible for a No Win - No Fee claim.
Slater & Gordon will provide you with a written agreement that explains the terms and conditions of our No Win - No Fee scheme. The fee agreement clearly sets out your rights and responsibilities and explains how legal costs are calculated. It will also set out the circumstances, if any, in which you might become liable for the costs of the other party.
We encourage you to discuss any questions or concerns you may have regarding legal costs with your lawyer at any point during your matter.
Talk to us
If you have a claim to a partner's or family member's superannuation and would like more information about how we can help you, please contact us either by submitting an online enquiry or by calling direct on 1800 555 777.
To find out more call our expert superannuation and insurance lawyers who are ready to advise you or make an online enquiry.