Superannuation
If you cannot work due to injury or illness, regardless of whether the injury or illness is related to work, you might be eligible to claim Superannuation Insurance Benefits. Barbante Personal Injury Lawyers can help you look at which benefits you might be qualified to claim through your Superannuation Fund.
These benefits are connected to the insurance you have through your Superannuation Fund and could include benefits for Total and Permanent Disability (TPD), Income Protection (IP), Death or Trauma. You might be entitled to receive a lump-sum or monthly payments. In some circumstances, you may be able to access your whole Superannuation account balance. Sometimes, the insured benefit is automatically provided to you as a member of your Superannuation Fund, or you might have to apply for it.
If you are receiving WorkCover or even TAC payments, you may be entitled to Superannuation Insurance Benefits and loss-of-income protection. To be eligible to claim, your policy needs to be in force either at the date last worked or the date of injury.
Speak to us today about helping you work out which Superannuation Insurance Benefit you might be entitled to.
Frequently Asked Questions
What is a Superannuation Insurance Benefit?
Generally, Superannuation Funds offer an insurance benefit for insured individuals who suffer an injury. While sometimes the insured benefit is automatically provided to a Member of the Fund, not all funds do that. Consequently, in some Funds you the Member will need to apply manually for the insurance benefit they wish to claim.
How can I lodge a claim?
A claim can be lodged as soon as you stop work. This means you can claim your Superannuation Insurance Benefits when you can't work due to illness, injury or disability. You can also request your Superannuation account balance as a lump-sum or in instalments once you have retired.
What type of benefits could I be eligible for?
Total and Permanent Disability (TPD)
If you have a TPD claim, you may be eligible to receive a lump-sum payment. This is dependent upon not being able to work for six months or more due to sickness or injury.
Income Protection (IP)
If you cannot work due to your injury sustained, Income Protection insurance could give a monthly benefit for a fixed period of time.
Death
When a loved one passes away, your insurance will generally allow for a lump-sum to be payable to the policy holder's beneficiaries (a 'Death Benefit'). This can include a spouse or child. Often individuals overlook to claim the Superannuation Fund Benefits that are owing to them. Here at Barbante Personal Injury Lawyers, we will help ensure that you will collect the benefits owed to you.
Trauma
If you have been subjected to specific injuries or a defined medical condition, you may be entitled to receive a lump-sum payment, even if you are still working.
Does my injury have to be work-related if I want to make a claim for Income Protection or Total and Permanent Disability?
No, your incapacity does not need to be work-related.
Can I have more than one Total and Permanent Disability claim?
Yes, you can have multiple Total Permanent Disability (TPD) claims. This usually occurs if you are a member of more than one Superannuation Fund.
How do I know if I am eligible for a Superannuation claim?
Each Superannuation Fund differs in its criteria and requirements. Your entitlements are dependent upon the Superannuation Fund's terms of the 'trust deed', as well as the terms of the specific Insurance Policy.
What information do I need to provide to Barbante Personal Injury Lawyers in assessing whether or not I have a claim?
You will first need to provide us with your Superannuation Fund Financial Statement from when you stopped working or when the injury occurred. This Statement will indicate if you were insured at the appropriate time.
Medical evidence will also need to be provided to prove that you were unable to return to work. This is dependent upon the definition of your Fund.
If you approve us to act on your behalf, we will request further medical reports from your treating Doctors and Specialists regarding your injuries or illness. These will be used with the intent of making a claim on your behalf for your insured benefit.
What papers should I lodge with the claim?
For a disability benefits claim, you will need a claim form, medical reports and relevant documents from medical and other relevant authorities. Tax reports and written submissions will also be required. The more information gathered, the more beneficial this will be for your claim.
For death benefits claims, you need a claim form and any papers showing your relationship to the deceased and any financial dependents.
We can assist you with the above forms and their procedure to ensure that all the right information is collated and submitted.
Can I have a Superannuation claim if I am a pre-existing WorkCover, TAC or Public Liability client at Barbante Personal Injury Lawyers?
Yes. If you have a pre-existing claim with us, this is often more advantageous given that all the evidence will already have been collated. In turn, we can make a better assessment of the likelihood of a successful Superannuation claim.
Do I have to go to insurance doctors?
Yes, you will generally have to see insurance doctors. These are called Independent Medical Examinations.
What happens if I go back to work?
Your TPD claim will likely stop. However, you might still be eligible to receive partial disability payments. This depends on the type of work being performed and the circumstances in which you return to work.
As each claim is unique, this will be explained to you by ensuring that you are given the correct legal advice.
Who can claim Superannuation Death benefit?
When a loved one passes away, any dependants of the deceased or their estate can claim Superannuation Death benefits. This includes a legally married spouse, de facto partner (including same-sex partner), children, financial dependants and inter-dependants.
What happens if my claim is rejected? Can I complain about the decision?
Yes. However, this must be done immediately as there is generally a 28-day time limit. If you lodge an internal complaint, the Insurer or trustee has 90 days to make a decision.
Can I appeal to a court or tribunal?
Yes. You can appeal to the Superannuation Complaints Tribunal, although there is usually a 28-day time limit. You can also appeal to a court.
The process of your claim
Each Superannuation case is different. However, it will generally take between 6-18 months for a decision on a Total and Permanent Disability claim to be reached, although this can vary depending on the nature of the claim. A claim for Income Protection Benefits can take between 6 weeks to 3 months. While the length of each case does vary, there is generally a set of steps that occur within each claim. Our dedicated team at Barbante Personal Injury Lawyers will guide you through each of these steps by ensuring that you get the best possible outcome for your case.
- Contact Us We'll listen to your case and gather details from you so we can start examining your Insurance Policy.
- Meet with your lawyer This is a free initial appointment that will provide you with the opportunity to discuss your insurance policy in detail.
- Study your Insurance Policy Should you choose to engage with us as your lawyer, we will give you authorities to sign. This will allow us to communicate directly with your Insurer and gather all relevant claim forms for us to commence your claim.
- Collect and review evidence We will now begin to obtain evidence from third parties, this will generally include, Income Tax Returns, Centrelink claim forms and WorkCover/TAC forms. Your policy will also be examined in detail by advising you on the definitions and how they apply to you.
- Obtain expert medical evidence It may be necessary to gather further evidence from your treating practitioner.
- Submit your claim Once all the evidence has been gathered, we will begin drafting the legal submissions for your claim. These will be given to your Insurer. We will also complete any further claim forms required.
- Attend an independent medical examination During your claim, you will likely be required to attend an independent medical examination. In the examination, you will be asked about your injury or condition. You will also be asked questions about your work history and previous life experiences.
- Resolution When you achieve a successful outcome, you will be contacted to come into our office and discuss how you wish to receive your benefit. We will then do our best to make sure that the funds are made available to you as soon as possible. In the unlikely event that your claim is denied, further action can be taken. However, we find that this outcome rarely occurs. At Barbante Personal Injury Lawyers, we only take upon claims that have a strong chance of success, ensuring that no time is wasted during this stressful period for you.
