Who can make a superannuation and disability insurance claim?
You may have a superannuation claim for Total and Permanent Disability (TPD) or Income Protection if:
An injury or illness (no matter how it was caused) has stopped you from working in your normal job or you have been unable to return to work within your education, training or experience; and
Your employer was paying compulsory superannuation and
You have insurance benefits under your superannuation policy
You may also have a superannuation insurance claim if someone you’re dependent on has died. This might be your partner or a parent. In this situation, you may be able to claim death benefits from the deceased’s superannuation insurance or life insurance.
How our superannuation and disability insurance lawyers, can help you
We specialise in all aspects of superannuation and disability insurance claims, and can help you with:
Your eligibility to make a superannuation insurance claim will depend on your specific policy, as decided by the insurer or super fund in question.
What can I claim for?
Your disability or superannuation benefits will depend on your specific superannuation fund and the impact your injury or illness has on your life and ability to work.
In general, you may be able to access:
A lump sum payment or recurring payment
If you were a spouse, child, or other dependent of a loved one who has died, you may be entitled to connected insurance benefits and all or part of their super contributions
How long will it take?
Timeframes will depend on the complexity of your case and the type of insurance you are seeking to claim.
We will work to secure the best possible outcome for your future as quickly as possible.
Fees
Ensuring everyone has access to justice is important to us and that’s why we offer our super and disability insurance services on a No Win, No Fee* basis. This means you won’t have to worry about legal fees unless we receive a successful outcome for you.
Your eligibility to make a superannuation insurance claim will depend on your specific policy, as decided by the insurer or super fund in question.
Additional types of superannuation and disability insurance claims for financial compensation
Depending on the circumstances of your superannuation claim and your injury or illness, you may be eligible for other forms of compensation. Our experienced workers’ compensation, motor vehicle accident and medical negligence teams will work with your superannuation and disability insurance lawyer to help you understand your claim options:
When preparing to make a superannuation claim there are some important steps you need to take.
Review your insurance
Our superannuation lawyers and disability lawyers can help you do this, if you haven’t already. We can help you to identify any specific steps your insurer requires you to take before making your superannuation claim.
Medical certificate
See your GP for your injury or illness. Ask for a medical certificate to support your superannuation claim. It’s preferable this is from your own doctor, as they’ll be aware of your medical history and the impact of your injury or illness on your life and work.
Contact Shine Lawyers
Find out if you have a superannuation claim by using our fast and free online tool or contact us for a free no obligation legal consultation. Our superannuation lawyers and disability lawyers can help you to right wrong and access your disability or superannuation benefit.
Do you have a case?
We're here to make the legal process as simple and stress-free as possible.
Superannuation and disability insurance claims case process
We listen and assess your case confidentially
During your initial obligation-free consultation our superannuation and disability insurance lawyers will take the time to listen to and understand your individual needs. We will also review your policy entitlements and explain all superannuation insurance claim options available to you.
We’ll build your case and keep you informed
We will work with you to gather all the documentation and medical evidence required to support your superannuation insurance case. You focus on your recovery and rehabilitation, and we’ll take care of the rest. While always keeping you in the loop as to what’s happening with your case.
Once our investigations are complete, we’ll advise you of the best way forward to pursue your case.
We’ll negotiate to settle your superannuation and disability insurance claim case early
We get it – going to court is confronting and not always necessary. Our superannuation and disability insurance claim process begins with gathering all the necessary information to support your claim, getting the appropriate medical evidence to support your injuries and liaising and making the relevant submissions to the insurer and fund to maximise the approval of your claim. Due to our efficient claim process, most cases settle at this point without needing to go to court.
If required go to court
Only a very small percentage of superannuation insurance claim cases result in a court hearing. If this happens, our legal experts have the skill and experience to guide you through the experience seamlessly.
We will ensure you’re feeling comfortable, confident and informed of the superannuation insurance claim process and what’s required from start to finish.
Resolve your case
If your case is successful, you will receive the compensation you deserve, so you can focus on your future.
No Win, No Fee*
We do our best up-front to make sure you understand your legal case, including whether your case is on our No Win, No Fee* basis.
In Australia, you usually can’t withdraw your superannuation balance until you reach your ‘preservation age’ under the policy and retire,
However, you may be eligible to make a superannuation insurance claim if you suffer a serious injury or illness that prevents you from working. Your eligibility to make a superannuation claim depends on your specific policy and the circumstances of your injury or illness. Use our free online super tool to see if you may have a superannuation insurance claim we can help you with.
How long does a superannuation claim take?
The time for a superannuation claim depends on your specific superannuation insurance policy and the level of complexity of your claim. The average time for a TPD claim, for example, is between 6 and 12 months.
We will work to secure the best possible outcome for your future as quickly as possible.
How much does a superannuation and disability insurance lawyer cost?
Ensuring everyone has access to justice is important to us and that’s why we offer our superannuation insurance services on a No Win, No Fee* basis. This means you won’t have to worry about legal fees unless we receive a successful outcome for you.
*Conditions apply.
Can I represent myself, or do I need a superannuation lawyer or disability lawyer?
It’s possible to legally represent yourself when making a superannuation and disability insurance claim however, doing so successfully will likely require:
A thorough understanding of the law
Your legal rights and entitlements,
A commitment to actively pursue your case to move it forward
Without an experienced superannuation and disability insurance lawyers in your corner, it can be difficult to identify and highlight the strengths of your superannuation insurance claim.
You then may not receive the superannuation insurance entitlement benefit you're entitled to.
Why trust Shine to be my superannuation lawyers and disability lawyers?
We have helped thousands of Australians right wrong and access more than $1 billion per year in entitlements and compensation through our expert services.
95% of the cases we represent are settled without the stress of going to court.
With our 1000+ workforce across Australia, combined with our business maturity, we have the scale, expertise and agility to take on tough cases and win.
Common superannuation insurance claim terms
Criteria vary from insurer to insurer, but some common requirements when claiming superannuation include:
Your superannuation insurance policy - Whether your superannuation policy has insurance cover and whether there is cover for your specific injury or illness (it may be excluded)
Waiting periods - Before lodging a superannuation claim, most policies will require a waiting period after the date you sustained your illness or injury. This allows for all injuries and symptoms to stabilise so the full extent of damage can be determined.
Employment history - Some superannuation insurance policies require you to satisfy a minimum level of employment before you are eligible to claim a benefit.
Is there a superannuation and disability insurance lawyer near me?
With more than 40 branches across Australia and 1000+ team members, location is no barrier when it comes to accessing Shine Lawyers’ legal advice and support.
If you can’t find a location near you, we can easily arrange an obligation-free virtual appointment or meet at a location that’s comfortable and convenient for you. No matter where you are located, we will always provide the same, expert advice and manage your superannuation and disability insurance claim with the same level of quality and commitment.
What is a superannuation lawyer?
Shine Lawyers’ superannuation and disability team can help you with your superannuation insurance claim if you can no longer work because of an injury or illness. We can also help if your superannuation insurance claim has been rejected, or if you believe your entitlements have not been paid in full.
Shine Lawyers acknowledges the Traditional Custodians of the Country throughout Australia and their connections to land, waterways and community. We pay our respects to Aboriginal and Torres Strait Islander cultures; and to Elders past, present and emerging.