Superannuation & Insurance Disability Claims & Death Benefits 
Even though it has been mandatory for employers to make superannuation contributions on behalf of their employees since 1992, many people do not realise that many superannuation schemes also have automatic insurance cover that offer a range of benefits should a member become sick, injured or, in the worst case, die.
Many personal insurance policies, such as life insurance, private income insurance and sickness and accident insurance, also have such cover that people buy to support them in the event that they are unable to work because of injury or illness.
These benefits can be substantial and may help to ease the financial burden to you or your family during the difficult time that follows the death or disability of a loved one.
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.
In many cases the sums insured are large and the payment of those benefits is often contested by insurers.
Who can claim superannuation and insurance disability payments and death benefits?
You might have a claim for life insurance or disability benefits through a superannuation scheme or private insurance contract if:
- You have an injury or illness that prevents you from working
- You lose the use of your arms, legs or eyes, even if you can still work
- 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.
It does not matter how your injury or illness came about. Many people on Workers’ Compensation, TAC Compensation, ComCare Compensation or the Centrelink Disability Support Pension can claim.
If I believe I have a superannuation or insurance claim, what should I do?
It is important that you seek independent legal advice at the earliest opportunity to ensure that your entitlements are fully protected.
A claim for superannuation or insurance disability and death benefits can be complex and stressful. Success of the claim will depend on the precise wording of your superannuation trust deed or insurance policy and the medical evidence available about your condition.
This is where Slater & Gordon can help. Our team of experienced lawyers has extensive expertise in this area. We will advise you what superannuation or insurance death or disability benefits are available, ensure that your rights are fully protected and ensure that the strongest possible claim is lodged at the time of making the application.
What if I’m already in dispute about my superannuation or insurance claim?
If you are in dispute with your superannuation fund over your death or disability claim or in dispute with an insurer over your entitlement to income protection, Slater & Gordon strongly recommend that you seek prompt legal advice
This is a particularly complex part of the law. Insurance companies are powerful opponents. You will need sound advice and experience if you wish to successfully challenge them.
What can I expect if Slater & Gordon handle my superannuation or insurance disability or death claim?
Slater & Gordon will work with you to thoroughly assess the relevant issues and advise you frankly of the legal options and avenues available to you to resolve your circumstances. Our lawyers can represent you during the assessment process of your claim to ensure that your claim is assessed fairly and reasonably by the fund and its insurer.
If you have already lodged a claim that has been denied, we can help you to challenge the fund's decision by requesting an internal or external review of the decision or, if necessary, by taking court action on your behalf.
Strict time limits apply, so it is vital to seek legal advice quickly to ensure that your rights to challenge the decision are fully protected.
How will I pay for the legal fees?
Slater & Gordon’s pioneering No Win - No Fee™ scheme means that you do not have to pay professional fees unless your case is successful. No Win - No Fee™ is usually available for insurance or superannuation disability and death claims.
The scheme is designed to help those whose financial circumstances might otherwise deny them access to legal representation.
Slater & Gordon will provide you with a written agreement that explains the terms and conditions of our No Win – No FeeTM 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.