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Understanding Superannuation and TPD Claims
Superannuation lawyers in Melbourne often assist clients in navigating super funds that include insurance providing varying levels of coverage, including income protection benefits for members who are unable to work due to injury or illness.
Depending on your super fund and the level of cover your fund supplies, the benefits may be accessible when eligibility criteria are met to assist with Death Cover, Total & Permanent Disability Claim (TPD) cover, Income Protection Insurance, and Trauma Insurance.
What is a TPD Claim?
TPD claims, short for total and permanent disability, are designed for individuals who are permanently unable to work due to injury or illness. If the injuries or illness you have suffered mean you can no longer work your normal job based on your education, training, or experience, this type of disability insurance claim may be the right one for you.
Income Protection and Trauma Insurance
Income protection insurance provides financial support if you are temporarily unable to work due to injury or illness. If you have suffered an injury or chronic illness that means you need to take time off work, you may be able to access these superannuation insurance benefits to help ease your financial burden.
Trauma insurance offers a lump sum payment if you are diagnosed with a specified serious illness or injury, such as cancer, heart attack, stroke or a terminal illness, providing essential financial support during a critical period.
Life Insurance or Death Benefit Claims
If a loved one has passed away, life insurance or a superannuation death benefit claim can help provide relief from financial hardship. These benefits typically include contributions made to the fund as well as any insurance payouts attached to the policy.
Trauma Insurance
Trauma insurance offers a lump sum payment if you are diagnosed with a specified serious illness or injury, such as cancer, heart attack, or stroke. This financial support can be crucial in covering medical expenses and other costs associated with your condition.
At Fittipaldi, our experienced Melbourne legal team understands the complexities involved in accessing these benefits and are committed to ensuring you receive the best possible outcome, helping you secure your financial future during challenging times.
Am I Eligible for a Superannuation or TPD Claim?
The exact types of insurance cover and benefits provided by your superannuation will vary based on your fund, age, and other factors, and can include Death Benefits Cover, TPD cover, Income Protection, and Trauma Insurance.
Determining eligibility for superannuation insurance claims can be difficult due to the varying nature of insurance cover provided by different super funds, creating a complex area of law.
Fittipaldi Injury Lawyers is here to provide clear and expert legal advice to support you in making a successful TPD claim.
Understanding Criteria For Who Can Make a Claim:
You may be eligible to make a super claim if you meet one or more of the following conditions:
- You are Permanently Unable to Work: You suffer from an injury or illness that prevents you from working in your normal job or any other role suited to your education, training, or experience.
- The Death of a Loved One: You are a dependent of a deceased person and wish to claim death benefits from their superannuation or life insurance.
- You are injured or ill and temporarily unable to work: You have an illness, physical injury or mental health condition that temporarily stops you from working.
- You Have Received a 'Trauma Diagnosis': You have been diagnosed with a specified serious medical condition or injury covered by trauma insurance.
Specific Criteria Based on Insurance Policies
Eligibility can vary depending on the specific terms and conditions of different insurance companies. Common criteria include policy coverage terms, employment history requirements, waiting periods, and medical documentation needs.
Common Reasons for Claim Denial:
Superannuation and insurance claims are denied for various reasons, but a denial is not the end of the road. Many denied claims can be successfully challenged with the right legal support.
Lack of Medical Evidence
Insurers can sometimes deny claims when medical reports don’t adequately address the policy’s specific requirements or fail to demonstrate the full impact of your condition.
Missed Deadlines
Failing to notify your insurer within the required timeframes or missing claim lodgement deadlines can result in denial. However, exceptions may apply in certain circumstances.
Vague Policy Language
Disputes over policy definitions are common grounds for denial or delays in claims.
Incomplete Documentation
Missing information in claim forms or insufficient supporting evidence can lead to rejection.
If your claim has been denied, our experienced team can review the decision, identify errors in the assessment, gather additional evidence, and pursue dispute resolution on your behalf.
Our Legal Process for Superannuation Claims
Making an insurance claim via your super fund can be complex, but our experienced team members can help guide you through the process.
Step-by-Step Guide to Filing a Claim
1. Initial Consultation
2. Gathering Documentation
3. Medical Assessment
4. Filing the Claim
5. Insurer Review
6. Decision and Payment
Why Choose Fittipaldi Injury Lawyers
Senior Lawyer Expertise
Your case is handled directly by a senior lawyer with deep experience in superannuation, TPD and insurance claims, including complex matters connected to WorkCover injuries.
Proven Compensation Results
We have secured significant settlements for clients, including multi-million-dollar outcomes in TPD claims, WorkCover-related matters and superannuation benefits, supported by meticulous preparation and strong advocacy.
Personal and Supportive Service
No Win No Fee
Clear and Honest Communication
Immediate Access to Your Lawyer
Testimonials
If you are looking for a great Injury Lawyer, I highly recommend Aylin from Fittipaldi Injury Lawyers. This firm care about their client, provide a professional service and deliver what they say they can. Great work, thank you.
VINCE
Gennaro & his team at Fittipaldi Injury Lawyers have a wonderful approach to injury law - the client & their welfare is the most important aspect of any case. I certainly found this to be their focus in my dealings with Gennaro and his team. I knew my case was in good hands and being handled as efficiently and cost effectively as possible. The professionalism of the whole team was superb and I would recommend them whole-heartedly to anyone who has the need of an injury lawyer.
JACQUI
A huge thank you to Aylin and Gennaro for all their hard work and dedication aswell as attention to detail while preparing my case. The professional guidance ,personal advice and service from Aylin was especially outstanding. I would highly recommend the company to anyone who needs assistance in Personal Injury Law. Thank you again.
BRON
FAQs
What happens if my claim is denied?
Our experienced legal team 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 these decisions. so you should contact us for advice as soon as possible.
How long does a superannuation claim take?
Timeframes vary by case complexity. The Life Insurance Code of Practice requires insurers to decide on TPD claims within six to twelve months. Income protection claims are typically assessed faster. Straightforward cases may be resolved sooner. Our superannuation lawyers will advise you on expected timeframes once we review your case details.
Do I need a lawyer for a TPD claim?
While it is not mandatory to have a lawyer for a TPD claim, having one can significantly increase your chances of a successful outcome and TPD payout. An expert lawyer’s understanding of the requirements, the claim process, and the various superannuation funds and their policies will provide you with advice to support the best possible outcome for your claim.
Will a claim affect my superannuation account?
Generally, TPD or income protection claims won’t affect your superannuation balance. Insurance benefits are paid separately from your retirement savings. It is important to review your superannuation policy terms to confirm how claims are handled. Our experienced superannuation lawyers can advise on your specific circumstances.
How much does a superannuation lawyer cost?
At Fittpaldi our lawyers represent clients on a No Win, No Fee basis for superannuation insurance claims. This means that you don’t pay our legal fees if we don’t win your claim.
Claims are often time-sensitive and should not be delayed. Please connect with our experienced superannuation lawyers in Melbourne CBD for an initial no-obligation consultation about your entitlements.