Apart from your entitlements to compensation for example from a motor vehicle accident or a work related injury, you may also be entitled to compensation from the insured component of your Superannuation insurer.
This is usually referred to as the ‘Total and Permanent Disability’ benefit which is separate to your preserved benefit being the Superannuation benefits that employers are required to pay to a Superannuation funder on your behalf.
There are also different types of policies attached to your Superannuation benefits, relating to partial incapacity and regular payments as a result of your incapacity.
We take a special interest in all of these claims, and we look closely at every claim to assess whether you are also entitled to make a Total and Permanent Disability type claim, which is different and separate to the usual rights that exist.
You may also have an Income Protection Insurance policy. Sometimes income protection claims are disputed with the insurer, and you may be entitled to receive ongoing benefits, sometimes beyond the age of 65 years, depending on your policy.
We have dealt with these types of claims for many years, and we have taught many other legal professionals to ensure that clients who have been injured in other areas can also see if they have rights from the insured component of their superannuation claim.
We believe that you should not leave it to chance to lodge Total and Permanent disability claims directly, as in most cases you are stuck with the evidence that was supplied with your initial application and this may greatly limit your chances of success.
There are special provisions and deadlines that apply, depending on your policy and the law.
Specially prepared claims can be resolved without resorting to litigation, but if you need to proceed to the next step your claim can be prosecuted in a Court or alternatively a specially designated Tribunal setting, where claims are resolved quickly. Different time limits apply depending on whether you are entitled to fight your claim in Court or a Tribunal, so you need to discuss your specific individual circumstances with us your solicitors as soon as possible.
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