Summary

Did you know that if you have suffered a work injury you may be able to make a claim under:

  1. your superannuation policy
  2. life insurance
  3. disability or another form of insurance

Most people are not even aware that the superannuation fund that they joined when they commenced work has these benefits available.

Furthermore, you do not have to prove it was anyone’s fault.

Frequently Asked Questions

Do I have a claim for compensation?

This depends upon your particular circumstances, degree of injury or illness and what type of cover you have.

Firstly, the terms of the policy of your superannuation fund (or multiple policies if you have been in more than one superannuation funds over the course of your working life) need to be checked in order to see what benefits there are for a Total and Permanent Disablement Claim (or ‘TPD’ as it is known).

Secondly, you may be able to make a claim for monthly payments if you have Income Protection insurance. You may know this as Temporary Salary Continuance or Total and Temporary disability insurance

Thirdly, you may be able to apply for a lump sum for any trauma you may have suffered, whether you continue working or not.

Fourthly, you may even have mortgage insurance which will be invaluable in the event that you cannot work.

Who can I bring the claim against?

You can bring a claim against the insurer.

What can I claim compensation for?

Whatever the superannuation or insurance policy allows you to claim for.

What has to be proven for my claim to be successful?

The requirements for making a claim differ depending on the type of claim you are making and differ from policy to policy.

Claims for total and permanent disablement do not require that you prove fault.

However, you will need to show that you have suffered a work injury or illness and as a consequence:

  • you can’t do your current job;
  • you can’t do any other jobs you may have qualifications for; and
  • you have not been able to work for 3 months or more.

Are there any important time limits to bring a claim?

Generally the answer is no. However, if your claim is rejected and court proceedings have to be filed, then you have six (6) years from the date of rejection to do so.

If you want to make a complaint to the Superannuation Complaints Tribunal you have two (2) years to do so.

Who pays me the compensation?

The insurer.

How much compensation can I claim?

This depends upon your particular circumstances and the terms of the superannuation or other insurance policies you may have.

How long does a claim for compensation take?

This depends on the insurer and the circumstances of your claim. Please note that it can take from 1-2 years.