Everything You Need to Know About Life Insurance Claims
If you’ve been injured or disabled and are unable to work, you may be eligible to receive benefits through your superannuation, life insurance or TPD insurance policies to help get your life back on track.
At Main Lawyers, we are expert life insurance & TPD claims lawyers who can help you make a claim and maximise your compensation. We operate in Tweed Heads and Gold Coast.
Our areas of expertise cover:
Total and Permanent Disability (TPD) Claims
Life Insurance and Claiming Death Benefits
Trauma Insurance
Income Protection Claims
TPD Claims Lawyers Tweed Heads & Gold Coast
Have you been in an accident at home, at work or on the road and suffered a physical or mental disability?
You may be able to claim Total and Permanent Disablement (TPD) compensation through your superannuation policy. Most people have TPD insurance cover built into their super and it can offer generous payouts.
However, these types of claims can be very complex and sometimes can be denied. If you’ve been knocked back, we may still be able to help you earn the compensation you deserve. As expert TPD claim lawyers, we’ll take care of the legalities and fight for your chance to claim your maximum payout while you focus on recovering.
What is TPD insurance?
TPD stands for Total and Permanent Disablement.
Super funds organise insurance policies to cover their members in the event of Total and Permanent Disability (known as group life insurance policies). Your fund is likely to have you covered under a group policy because legislation requires Australian funds to have this insurance.
You can choose to opt out of this insurance and the amount for which you are insured under these group life insurance policies (in most instances) decreases the closer to the age of retirement you reach. That is, a 25 year old would generally have a higher insured benefit amount than a 62 year old.
If you’re unable to work due to an illness or injury, you may be able to make a TPD insurance claim and receive a lump sum payout through your super fund.
When can I make a TPD claim?
You can claim on most life insurance policies if you are unable to work as a result of injury or illness.
More specifically, if you are unable to work in any role that is within your education, training or experience you may be able to make a claim. This can cover jobs that you have never actually done so long as you have the education, training or experience to do these roles.
The Courts have found that a truck driver may still be able to work as a taxi driver even if a short taxi driver course is needed. They have also found a mechanic has the education, training or experience to be a Spare Parts interpreter.
This area of law is quite complex and you should seek the help of an experienced TPD claim lawyer in pursuing these claims.
Or reach out to our expert solicitors and book in your free initial consultation where we’ll answer all your questions
1
Contact Us
Call us on 1800 314 761 or enquire online to book in a free consultation with our principal lawyer to learn more about your rights.
2
Free Initial Consultation
Consult with our principal solicitor about your situation and receive a FREE assessment of your case, within 24 hours.
3
Make Informed Decisions
Once you have all the information on your rights & legal options you can then make an informed decision as to how to proceed.
Income Protection Claims
Like TPD, Income Protection (IP) can be claimed through your super fund. The main difference is that IP is not included in group life insurance policies though some super funds make it available to their members.
When can I claim Income Protection
Income protection insurance covers a person who cannot work in their own occupation due to an illness or injury. IP claims generally have a waiting period of at least 28 days. You must be unable to work in your occupation for 28 days before you can start receiving IP. Some policies have longer waiting periods.
An Income Protection policy can apply for anywhere between six months to the age of retirement. Though most policies provide income protection funds for two years. They generally cover a proportion of your wage at the time of disablement (around 75%-85% most commonly).
It’s worth noting, IP payments are generally offset by other incomes such as Centrelink, Workcover and other policies of insurance. That is, if you receive $500 from Centrelink in a week, that would not be paid by the IP insurance company. This is also known as an offset where additional income is deducted from the IP amount you’d be entitled to.
Regular submission of medical evidence (usually each month) may also be needed to evidence your continued disability.
Claiming Trauma Insurance, Recovery Insurance or Critical Illness Insurance
Trauma insurance is also known as Recovery or Critical Illness insurance. This is a one-off lump sum payment covering a certain serious medical condition, often including conditions such as cancer, heart attack, stroke, major head traumas and loss of vision.
Life Insurance and Claiming Death Benefits
Life insurance and death benefits are payable on the death of a person. This type of claim is usually made by the family of the deceased.
To claim the superannuation of a deceased family member, you will need to provide a copy of the death certificate and most recent will to the fund and insurer.
If there is a current, valid binding beneficiary nomination, the super fund would usually pay the account balance to that person. If there is no valid binding beneficiary nomination, by law, a death benefit can only be paid to one or more dependants of the deceased member and the Legal Personal Representative (LPR) of the deceased member’s estate.
A dependant can include:
- A spouse
- A child
- Financially dependent child over the age of 18
- Anyone else who is financially dependent on the member at the date of death
The Trustee can only pay the death benefit to another person if there are no dependents or LPR. When deciding who to pay, the Trustee will review the deceased member’s circumstances, any nominated wishes and who relied on their support the most at the date of death.
Death insurance claims can be complex and the time frames depend on whether there is a valid binding beneficiary nomination, the number of dependants and the return of information from those dependants. If you do not agree with the decision of the Trustee of the superannuation fund and their decision as to how (or whom) to pay the superannuation proceeds, there are other avenues open to you.
At Main Lawyers, we are expert TPD and life insurance lawyers who can help.
Disclaimer: This information is designed for general information in relation to Queensland and/or New South Wales compensation law and is current at time of publication. It does not constitute legal advice and should not be used as such. We strongly recommend you seek legal advice in regards to your specific situation. For expert advice call 1800 314 761 for a free discussion of your matter with one of our experienced lawyers.
Life Insurance FAQ
How do I know if I have life insurance through my Super Fund?
We can run a search to find out which (if any) super fund you’re with and reach out to them on your behalf. If you know which fund you’re with, you can also contact them directly and find out if you had insurance with them at the date of the incident.
We can also help you identify how many potential claims you may have and assess your prospects for succeeding in these claims once we know your level of cover.
Can I make a Life Insurance or TPD claim on a no win, no fee basis?
At Main Lawyers, we offer a free initial consultation to assess your prospects of succeeding in your superannuation, life insurance or TPD matter. If we advise you that we consider your proposed claim has reasonable chances of succeeding and is economically viable to proceed, we will agree to take your case on a no win, no fee basis. You only pay our fees if we help you win or achieve a successful outcome.
How long will a TPD, IP, Death or Trauma claim take?
We’ve written an in depth article explaining time frames here.
If you’d like an estimate specific to your situation, book a free consultation with our expert superannuation, life insurance and TPD claim lawyers today.
Do I really need a lawyer to pursue my IP, Death, Trauma or TPD claim?
The law is complex when it comes to personal injury and insurance matters, especially when you’re going up against insurance and superannuation companies with large budgets.
As expert life insurance & TPD claim lawyers, we handle (and win) cases against large companies frequently and we’re confident we can do the same for you.
If your claim has already been denied, we may still be able to help as we have so many others. Seeking professional legal advice early can make all the difference when it comes to getting your life back on track.
