If you are unable to return to work because of an injury or illness you may be able to make a claim for insurance benefits that are attached to your superannuation policy. If you have super in more than one fund you may be able to make claims under each of those funds.

Most superannuation policies include insurance that allows you to make a Total and Permanent Disability (‘TPD’) claim. To be entitled to claim TPD benefits you normally need to be able to show that you can’t return to the kinds of work that you’ve done in the past.

If you can’t get back to the types of work that you have previously done but you can do other types of work, then you are usually still able to claim the TPD benefit under your superannuation policy.

Some superannuation policies also have Income Protection (‘IP’) benefits attached to them, or you might have standalone income protection insurance. Normally an IP benefit allows you to be paid a portion of your usual wage whilst you can’t work. Often there are limits relating to when you can start receiving IP benefits and for how long you can receive them.

Whether you can successfully bring a TPD or IP claim will often depend on what’s in the fine print of your superannuation policy or other insurance contract. We can help you to understand what those terms mean and how they affect your right to bring a claim.

It is important to keep in mind that there are strict time limits that relate to these types of claims. If you can’t get back to work for any reason you should seek legal advice as a matter of urgency. If you would like to discuss how the law might apply to your circumstances, please contact us on (07) 4049 2865 or send us an email at office@fnqlegal.com.au with your questions and contact details.

If we believe we can help you to bring a TPD or IP claim then we’ll offer to run the claim for you on a ‘no-win no-charge’ basis and will provide you with an up-front, fixed fee quote that doesn’t have hidden charges.