Injured and unable to work? We’re here to help
Most people don’t know that they have insurance attached to their super fund. If you’ve suffered an injury or illness and are unable to work, you may be eligible to access benefits that form a part of your super fund membership. This insurance is here to help you if you need time to recover and heal.
Our dedicated superannuation insurance claims team can assist you in accessing a range of benefits available through your superannuation fund.
Type of superannuation claims
Depending on your situation, there may be a number of different claims available in most superannuation policies, including:
Terminal Illness claims
Insurance Litigation claims
Why it's important to seek a superannuation lawyer
A successful superannuation claim involves much more than filling in forms. Your claim needs to meet all the requirements of your policy and be supported by clear, strong medical evidence. Each insurer is different and this can make the process complex. If your claim doesn’t meet requirements, your claim may be delayed, challenged or even refused. Having an experienced superannuation lawyer on your side can make a real difference.
If you’re making a claim through your Super, it’s important to have the right medical experts who can prepare reports that clearly explain your condition and how it affects your ability to work. At Slater and Gordon, we work with a network of trusted experts to help our clients present clear and credible evidence.
Insurers closely examine every claim. They look for gaps in the evidence and technical reasons to decline or reduce benefits. A lawyer understands how these decisions are made and what is needed to respond. They bring together legal strategy, medical evidence, and experience from past cases to put your claim in the strongest possible position.
Frequently asked questions
Yes, waiting periods apply before a claim can be lodged with your super fund. For an Income Protection claim, the waiting period can vary between 14 and 90 days and for a TPD claim, either 3 or 6 months from the date of your disability.
Generally, it takes approximately 6 to18 months for a decision on a Total and Permanent Disability claim to be reached, but this can vary. A claim for Income Protection benefits can take between 6 weeks to 3 months.
Our No Win, No Fee superannuation lawyers help you access the justice you legally deserve. Under this arrangement, you won’t be charged legal fees unless we win your case.
However, this doesn’t include external costs like medical reports, court filings fees, third party costs orders, or disbursements. Generally, disbursements are minimal on superannuation insurance cases and can range from $500 to $1000. Other options are available to assist you with these costs as well.
It really depends on your super policy. Insurance lump sums can range from $20,000 to $1 million.
This payout range is indicative only. Actual payout sums depend on individual policy terms and circumstances.
No, the benefit comes from a separate insurance policy attached to your super fund. If you receive a benefit for an injury or illness as part of your superannuation, the money you receive does not come directly out of the funds you've worked hard to earn for your retirement.
Am I eligible to make a super claim?
You might have a superannuation claim if:
- You were working and your employer was paying compulsory superannuation, you suffered an injury or illness that has prevented you from working for 3 or 6 consecutive months, and you won’t be able to return to work in the future.
- You have entered into a private policy of insurance for income protection or disability insurance.
Many people on workers compensation, motor vehicle injury compensation, Comcare or the Centrelink Disability Support Pension can claim as well as people who suffer an unexpected illness that prevents them from working.
Your entitlements
If you've been injured and are unable to work, you may be entitled to the following benefits under your superannuation:
A monthly income payment
A lump sum payment from one or more super funds
Payment of a terminal illness lump sum
Check if you're eligible for a Super claim
Find out if you're eligible to make a claim. Your online check only takes 3 minutes.
How we can help
Funds and insurers make it increasingly difficult for their members to access insurance benefits that they're entitled to. Having our legal experts on your side means that you’ll get the help you need to recover from your injuries.
You'll be provided with straightforward advice and be expertly navigated throughout the duration of your claim. We aim to offer you the support you need in what is a very difficult period in your life.
We have an experienced and dedicated team who are committed to assisting you in the process of obtaining insurance entitlements from your superannuation fund. We understand the significant financial difficulties and stress that our clients are under and are exhaustive in our efforts to help you get the insurance payout that you're entitled to at law.
We have a team of lawyers and law clerks who are available to meet with you across a number of our offices nationwide.
Beyond our legal expertise, we have other ways to support you through this difficult time.
We are the original No Win, No Fee* Superannuation & TPD lawyers
This means that if you don’t win, you don’t pay the fees for the work we do on your case.
Steps through the process
Every case is different and our knowledgeable and caring team will guide you every step of the way.
In your obligation free initial appointment, your lawyer will listen to your story and gather details from you so we can begin investigating your policy. At this stage we'll also explain the entire process, as well as our cost agreement.
We'll send you our initial pack which will request details of all your super fund memberships so we can investigate your entitlements.
Once you have signed our cost agreement and are happy for us to act for you, we'll begin obtaining evidence from third parties such as Income Tax Returns, WorkCover/TAC claim files or Centrelink claim files.
We will then provide you with a specific Medical Attendant Questionnaire for your treating practitioner to complete. You may also need to attend an independent medical examination.
When all supporting evidence has been obtained from third parties, we will commence drafting detailed legal submissions to the fund and insurer in support of your claim.
If your claim is successful, we'll have the funds made available to you as soon as possible. Learn more about what to expect during a Superannuation or Insurance case
What to expect
Each insurance policy definition differs. Typically, you need to prove you've been off work for a period of 3 or 6 consecutive months due to an injury or illness and are permanently unfit for your usual employment, or any other employment for which you are reasonably suited based on your education, training and experience.
A recent member statement from your superannuation fund will likely tell you what current Income Protection or Total and Permanent Disability (TPD) insurance cover you possess. If you have a private policy, a policy schedule document will confirm your cover.
TPD claims will need to be assessed on your personal circumstances in order to establish how much you can claim.
We can advise you on the specific definition criteria that you need to satisfy.
What to do if your claim is rejected
Our experienced and caring lawyers can review and assist you in challenging the fund or insurers decision by requesting an internal review or if necessary, by taking court action on your behalf. Strict time limits may apply to disputing IP and TPD decisions so you should contact us for advice as soon as possible.
Meet our Superannuation lawyers
Our experienced team will work closely with you to achieve a positive outcome. Together, our wealth of knowledge will be put to use in fighting for the best outcome possible for you.
