Superannuation Claims

Your Superannuation is available to you when you retire and under some special circumstances including when you are unable to work due to injury or illness.

As a worker, you have superannuation that is funded by contributions from your employer.  

Generally, as a part of your superannuation policy, you may be entitled to various insurance benefits that can assist if you become unwell or injured and are unable to work.

Depending upon your policy insurance lump sums can range from several thousand dollars to six figure amounts. Such legal claims are complex and our local dedicated claims team can assist you to ensure you receive your full benefits available through your superannuation fund.

Are you eligible to make a claim through your Super?

You may be eligible to make a claim through your super if you meet the following criteria:

• You are an employee and your employer was paying compulsory superannuation and you have suffered an illness or injury that has stopped you from working for six (6) consecutive months;
• You have entered into a private contract of insurance specific to income protection or disability claims; or
• If you were dependant upon a person (parent, spouse etc.) who dies, you may be able to claim death benefits from the deceased’s superannuation fund.

What if I have more than one superannuation fund? 

A sizeable percentage of the Australian working population has more than one active superannuation fund.  It may be the case that you are covered by more than one superannuation insurance policy.

Our dedicated team will discuss with you the options you may take in relation to multiple superannuation policies.

What types of claims can I make?

Depending upon your policy, you may be eligible to make one of the following claims:

• Total and Permanent Disability (TPD);
• Total and Temporary Disability (TTD);
• Income Protection.

What would I be entitled to?

Depending upon which claim you make, you may be entitled to:

• TPD – Lump sum payment or monthly instalment payments;
• TTD – Monthly instalment payments for the duration of the illness/injury;
• Income Protection – Depending upon your policy, weekly, fortnightly, or monthly payment of your income at a slightly reduced rate for up to two (2) years.

Your entitlements

If you have been injured and are unable to work, you may be entitled to the following compensation under your superannuation:

• Monthly income payments,
• A lump sum payment from your super fund/s,
• A lump sum payment due to terminal illness.

Your Compensation does not come from your Superannuation contributions

If you receive compensation as part of your superannuation for an injury or illness, the money you receive does not come from your superannuation contributions that you will receive upon retirement. The compensation itself comes from a separate insurance policy that forms part of your superannuation fund.

Does it matter how I became ill or injured?

Generally, it does not matter how your illness or injury occurred though there are certainly some factors which may rule out an individual’s eligibility to make a successful claim.  Many people who suffer from a workplace injury or were injured in a motor vehicle accident can make a claim through their superannuation.

Understanding your policy

Every insurance policy differs slightly and can be unique to an individual.  Member Statements and policy schedule documentation from your superannuation fund will provide sufficient information on the levels of cover you have.

All TPD claims will need to be assessed on your personal circumstance in order to establish how much you can claim.

We can advise you on the particular criteria that you would need to satisfy.

Generally, you will need to prove:

That you are suffering from a genuine injury or illness;

• The likely duration of the injury or illness (if applicable);
• The injury or illness is preventing your from working and may prevent you from returning to work in the future;
• The injury or illness is preventing you from the possibility of re-training or obtaining alternative employment.

Taking care of your legal needs

Initial appointments with us are obligation and cost free. During your first appointment our team will give you guidance on your eligibility to proceed in a claim whilst allaying your concerns and giving you a clear pathway forward and recommendations on your options.

We often see that superannuation funds and the insurance providers to them have made it increasingly difficult for members to access their benefits and entitlements as they’re entitled to at law.

We will guide you at every step and fight hard for you

From your initial contact with our office, through to the conclusion of your claim, you will be provided with straightforward advice and be guided through the legal pathway of your claim. We understand the financial difficulties and stresses that our clients are under. We will work tirelessly and fight hard in order to get you the insurance payout that you’re entitled to at law.

What is the likely timeframe for my superannuation claim?

Every superannuation claim is different and therefore, differs in duration.

From our experience, a claim for TPD can take between 4 months and 18 months to resolve, depending upon a variety of factors.

A claim for income protection is generally much quicker, usually taking between 4 weeks and 3 months to resolve.

Our fees

Rapid Legal Solutions works on a ‘no win, no fee’ basis for personal injuries claims.  Simply put, this means that if we do not reach a successful settlement or compensation conclusion for you, you do not have to pay our legal fees.

Rapid Legal Solutions also offer a free, no obligation initial consultation to discuss your potential claim.

We are here to help.  Make an enquiry now

If you have a question, want some further information or would like to speak with us regarding making an enquiry, please complete the “email enquiry” as below or telephone us on 4755 9100 and our Superannuation Claims team will be in touch with you as soon as possible.