Do I have a superannuation life insurance or disability claim?
There are many different types of insurance related claims if you have suffered injury or illness and are no longer able to work. Generally speaking there are four types of benefits that you may be able access, depending on your circumstances and insurance policies that you hold:-
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- Total and permanent disability – TPD – if you are sick or wounded and are off work for three months or more, you may be eligible for a TPD insurance benefit;
- Income protection – these are some times called total and temporary disability or temporary salary continuance claims. If you have this type of insurance and can’t work you may be able to receive a benefit for a set period of time that pays up to 7% of your gross income;
- Trauma claims – if you have been diagnosed with a defined medical condition and suffer specific ailments, you may be able to receive a lump sum regardless of whether you continue to work or not.
- Life insurance or death benefit claims – a lump sum will be paid to a nominated person upon the insured’s death.
What are the requirements for making a superannuation insurance claim?
The requirements for making a claim differ depending on the type of claim you are making. For TPD claims, you will need to show that because of the injury or illness you cannot do your job and you cannot do any of the jobs for which you have education, training or experience. It is not necessary to prove that someone else is as fault. For income protection you will need to show that you cannot do your job and that you are under the care of your doctor and you are not working for a wage or income.
How do I find my disability insurance?
Most working Australians are a member of a superannuation fund and it is very common for funds to provide a level of insurance to their members and it is possible that you have disability insurance that you are not aware of. Even if you don’t have superannuation you may have your own life insurance policy or your employer may have some form of accident sickness policy.
How much can I claim?
How much a person can claim depends very much on the type of insurance that they have for the particular situation. Death and total and permanent disability and trauma benefits usually provide you with a lump sum payment regardless of wage or salary. These payments are usually income tax free although there may be taxation implications of removing the payment from your Superannuation account if this is how your insurance is held.
How long will the superannuation insurance claim take?
Most insurance benefit claims can take between twelve and eighteen months to be assessed by a fund or insurer.
Can rejected claims be appealed?
Superannuation funds and insurers don’t always get decisions right. If a fund or insurer has rejected your claim, you can appeal the decision and have them undertake a formal review process. If your claim is rejected again, there is a chance you can successfully appeal the claim through the Courts.
What are the time limits in respect of superannuation claims?
Time limits apply for various claims and vary depending on circumstances so it is best to seek advice as soon as possible. With regards to superannuation claims, generally speaking there are no time limits but a claim should be lodged as soon as possible. The sooner a claim is lodged, the sooner the fund will begin assessing your claim. There is a six year time limit to file court proceedings. In most cases usually that six year period commences from when the fund or insurer rejects your claim for the first time but that is not always the case. It is important to seek expert and accurate legal advice on the point.
