Superannuation & Insurance Law
For a number of years now, Australian legislation provides for employees to receive, from their employer a contribution to a superannuation fund. As at November 2009, this contribution is 9% of the gross salary. These moneys are held in trust by superannuation funds and are made available to employees upon retirement.
Most superannuation funds also make available, insurance benefits which provide you with the option to take up death benefits and/or total and permanent disability ('TPD') benefits. These benefits are claimable if you suffer an total and permanent injury or death.
At Andersons, we can assist you with the often complex and time consuming claims process associated with superannuation, appeals, including superannuation disability claims (Total Permanent Disability (TPD) and Terminal Illness (TI)), death benefit claims and income protection or salary continuance insurance claims.
Total and Permanent Disability
Claims for TPD can be very complex.
Very importantly, your injury or illness does not have to be work-related or caused by a third party for you to be entitled to claim under your superannuation policy. You must, however, have the TPD component in the policy. It often does not matter if you had the injury or illness before you joined the super fund but your policy needs to be checked to determine this.
You do not have to be unfit for all types of work to claim TPD benefits. For example, if you have only ever worked in manual labour and can no longer do that type of work, it won't matter if the doctors say you could work in an office.
Event if you are receiving Government benefits such as Centrelink Disability Pension or a Veterans' pension, you may still have a superannuation TPD disability claim without it stopping your Government payments.
The process for claiming TPD can be complicated and time consuming. It is important that you obtain expert legal advice early on in the process.
Contact Andersons Solicitors on 8238 6666 to arrange an appointment to discuss your TPD claim.
Income Protection and Salary Continuance Claims
Income protection insurance (often referred to as salary continuance) covers your income if you can't work because of an injury or illness. Payments depend on the type and level of insurance you have in place.
Many people with injury or illness will be able to claim disability benefits under this kind of policy but waiting periods may apply. You might be covered under this insurance if you can't do your usual job or any other suitable work. If you go back to work, you might still be eligible for partial disability or rehabilitation payments.
Some income protection policies also include trauma benefits for injuries or illnesses such as loss of use of limbs, Motor Neurone Disease, Multiple Sclerosis and heart attack.
Death Benefits and Terminal Illness (TI) Claims
Superannuation death benefit claims are usually lump sums or pensions paid to dependents the deceased. Terminal illness claims are usually the payment of a death benefit if you are diagnosed with a terminal illness.
Superannuation death benefit claims can be complicated and stressful at a very sensitive time. Time limits apply so it is important that you or your beneficiary seek expert legal advice to ensure your entitlements are paid.
For assistance in applying for death benefits or terminal illness claims, contact Andersons Solicitors on 9238 6666 and arrange a consultation with one of our experienced lawyers.
