Summary

Did you know that you may be entitled to make a lump sum TPD claim for compensation if you cannot return to work (or to your usual role) due to a serious injury or illness? Your eligibility to make a TPD claim will depend on your specific superannuation policy, as decided by the insurer or super fund in question.

You may be able to make one or more of the following claims:

  1. under a Total & Permanent Disability (TPD) insurance benefit through your superannuation (no fault required);
  1. a lump sum claim under a Total & Permanent Disability (TPD) insurance benefit if you have a private life insurance policy (no fault required);
  1. Income protection claim (no fault required);
  1. a common law claim for compensation (if the injury or illness was due to the fault of another party).

Claim for Total & Permanent Disablement under your Superannuation Policy

Did you know that when you become employed, you join a superannuation fund? By default, these funds have a level of cover for Total and Permanent Disablement.

You can find out your level of cover by contacting your superannuation fund and asking them for their Product Disclosure Statement, which should set out the details of the amount of cover you have under the policy for total and permanent disablement..

Do not worry if your superannuation fund drags its feet or appears reluctant to provide you with assistance. Simply contact us at ROCHE Legal and we can take it from there.

Did you also know that you do not have to show that your injury or illness was caused by the fault of any other party?

If you have suffered an illness or injury that prevents you from returning to work for three months or more, you may be eligible for benefits through your superannuation fund, depending on the level of cover.

Claim for Total & Permanent Disablement under a Private Life Insurance Policy

This depends upon whether or not you hold a private life insurance policy. If so, it should contain details of any total and permanent disability cover. We can advise you on this as we understand that reading insurance policies can be extremely confusing.

Income protection claim

These are temporary regular payments that are paid if you are temporarily absent from work due to an injury or illness. We need to check with your superannuation fund to see if its policy contains terms providing for such temporary disability payments. These payments are usually a percentage of your usual wages and not 100% income replacement. The terms may also contain other conditions about when such payments can be made and when they cease.

Common Law Claim for compensation

You make be able to make a common law claim for compensation (if the injury or illness was due to the fault of another party).

This requires proving that your employer or some other party was at fault which caused your injury or illness

Frequently Asked Questions

Do I have a claim for compensation?

This depends upon whether or not you are a member of a superannuation fund, or hold a life insurance policy.  You do not have to prove any fault by anyone under such policies.

For a common law claim, this will depend upon who is at fault, if anyone.

Who Can I bring the claim against?

The claim is made to the Superannuation Fund and, if applicable – your Life Insurance Company.

If fault can be shown, then an additional claim may be made against the party at fault. In this case, the insurer of that party will be responsible for any compensation payable under a court order or an agreed settlement.

What can I claim compensation for?

The level of compensation depends upon the level of cover in the policy.

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

You need to prove that it is unlikely you can go back to your employment or any other that you are qualified for – due to your injury or illness.

Are there any important time limits to bring a claim?

Quite possibly. This depends upon the terms of the superannuation trust deed or policy. Some insurance funds place a time limit within which such claims can be made so it is critical that yo.u get legal advice immediately

Who pays me the compensation?

The insurer.

How much compensation can I claim?

This depends on the policy. Usually you will get a lump sum payment.

How long does a claim for compensation take?

We try to resolve claims for Total and Permanent Disability within six months from the time you consult us.