Tell us what happened, and we will provide you with the various options so you know where you stand.
Superannuation and TPD lawyers
Meet the team
Find out if you can claim
Contact any of our superannuation lawyers in Australia by calling 13 43 63 or via our online enquiry form.
Alternatively, you can visit us at any of our offices nationally at:
- Our NSW offices are in Sydney, Parramatta, Campbelltown, Newcastle, Penrith, Wollongong and Gloucester.
- Our Queensland offices are in Brisbane, Logan, North Lakes, Ipswich, Toowoomba, Gold Coast, Sunshine Coast and Cairns.
- Our South Australian offices are in Adelaide CBD and Whyalla.
- Our Western Australia office is in Perth.
Frequently asked questions
I have suffered an injury and am unable to work. Can I claim?
When you are injured or ill and unable to work or enjoy your usual daily activities, you may have insurance coverage that you are not aware of. If you are the dependent of a deceased loved one, you or the deceased’s estate may also be entitled to claim on insurance.
This can be in the form of total and permanent disability (TPD) insurance attached to your superannuation, mortgage or other loan insurance, income protection insurance, life insurance or other occupational specific cover.
These benefits are commonly available in addition to any workers or similar compensation you may have received for the injury or illness.
Unlike other claims, when claiming for total and permanent disablement or life coverage you do not need to prove that the injury or illness was caused by someone else or that it is work related. You just need to show that the injury or illness is significant and has affected your ability to earn an income, or has seriously impeded your ability to engage in your daily activities.
We are happy to assist on a speculative or No Win – No Fee basis. Your initial consultation with our disability compensation lawyer is obligation free. You will also be dealing with a Partner or Senior Lawyer in the firm, not a junior lawyer or paralegal.
Which superannuation claim and I eligible for?
There are 4 broad areas of insurance coverage that may claim.
For some specific occupations, including Commonwealth or State public servants and members of the military, there is also a range of additional benefits available.
If you are injured while travelling you may have coverage through travel insurance. If you have a mortgage or other loan you may also have loan insurance.
Do I need a specialist superannuation lawyer?
You will need to see a specialist lawyer if:
- If you are concerned about your working future due to your injury
- if you wish to find out if your claim is worthwhile to pursue.
Why do I need a specialist lawyer?
Our specialist disability lawyers can provide you advice on whether you are able to make a claim and what benefits available to you. The best way to maximise your compensation claim benefits is to contact us as soon as possible after your injury.
Remember, your injury does not need to be work related.
Why choose us?
- We provide ‘No Win No Fee‘ for disability claims litigation
- We can come to you if you are too ill to visit us
- Your first meeting with us is obligation free – you do not have to retain us
What is the claim process?
Turner Freeman Lawyers make the superannuation claim process of investigating your rights, forming a plan and eventually enlisting the help of a lawyer that little bit easier. Here is a brief outline of how the process works:
Step 1 – Do some quick research
It’s always wise to do a little reading before embarking on anything that involves Super Funds or insurance companies.
Step 2 – Have a free consultation
Calling or sitting down with a legal expert is an extremely important step to take when considering making an application for early super payment or an insurance claim. They will be able to gauge where you stand, what the best course of action is, and what the likely outcome will be.
Step 3 – Let us take care of the rest
Once you have worked everything out with your lawyer, they will handle everything, including helping you fill out the forms and letting you know what else you may need to supply to build your claim. If there are any outstanding tasks you need to complete (e.g. attending a medical examination), these will be completed before submitting the paperwork.
Once everything is submitted, all you need to do is wait. Applications can from weeks up to several months to process depending on the complexity of the case. Knowing that everything has been handled by a highly qualified, experienced professional should give you peace of mind.
Only if your claim is successful will Turner Freeman Lawyers require a fee.
Is there a time limit in lodging my claim?
This varies from fund to fund, and from insurer to insurer. While it is sometimes possible to lodge your application as soon as you stop working, you might alternatively have to show at least six months off work due to your circumstances. It is recommended that you seek legal help to ensure you are meeting all the correct requirements.
How long will my claim take and what will it cost?
In most cases, claims are finalised and paid out within 2 to 3 months (sooner for income protection insurance claims), but this depends on the complexity of the claim and whether you have met all the criteria.
If we advise that you have reasonable prospects of success and that the claim is economically worthwhile to purse, we will send you a proper written advice and a proposal. Our proposal will set out, in plain English, a realistic estimate of how long we believe your case will take to resolve and the likely cost.
Generally speaking, most claims are able to be resolved within 2 to 3 months from when the claim starts. If the case goes to trial (which is highly unlikely) this can add a further 6 to 12 months to the time estimate.
If your case has to go to court, it will cost more than if it is accepted first up by the super fund or settles at an early stage. The more work that is done results in higher fees; however we always do whatever we can to keep costs as low as possible. All of this is explained in our written advice along with realistic and reliable fee estimates.
Our fee estimates are usually at least 20% lower than our competitors from our past experience.
Also, we agree to charge a fixed fee including all expenses for the initial stage of the claim up to receipt of a decision from the super fund so you have certainty as to what your costs will be.
How much will I get?
This will depend on the type of insurance cover you have and how much you are insured for. This information is usually included in the fine print of your policy or statements.
What if I have multiple super account or insurance policies?
As long as each of your current funds or accounts are independent from the other, you should be able to claim superannuation and related insurance policies on any or all of them at the same time. We can assist you to find any lost super accounts using various ‘find my super’ tools to ensure you get the best result possible.
We will also investigate all accounts and you may be entitled to rollover some accounts into one to make the process of accessing your money simpler. We will refer you to a professional financial adviser if you do not have one to make sure your superannuation investment is maximised and protected. Please note we do not provide financial advice and it is prudent to seek advice from a qualified professional on financial or tax matters to do with your superannuation.
Will I have to pay tax on the amount I receive?
If you are withdrawing your funds before your Preservation Age (the ‘lockout’ age on your super policy – usually 55), you are likely to be taxed on it. There are, however, some exceptions to this rule such as in cases of terminal illness. It is a good idea to contact a finance or tax professional and go through your policy and your circumstances so you know where you stand.
What about my WorkCover or Centrelink benefits?
These types of claims do not usually impact on WorkCover benefits, however if you have already received WorkCover benefits then your entitlement to super insurance may be reduced as a result. In some cases you can receive both; it just depends on your policy.
Because any money received from your superannuation can count as income, payments may affect how much you receive from Centrelink. You should contact your legal professional or Centrelink to find out what impact the claim will have on your benefits.
What happens if my disability claim is refused?
It is possible to appeal a decision that goes against you, either in court or by lodging a request for reconsideration. It is extremely important that you call upon experienced, expert superannuation lawyers to help you through whatever action you decide to take.
We can help you dispute or challenge a rejected claim.
It is also possible to lodge a complaint with an industry tribunal or the financial ombudsman service, if you believe you have been unfairly treated.
Is No Win, No Fee available for superannuation claims?
Yes, our No Win, No Fee policy is available for superannuation, disability and insurance claims.
What is No Win, No Fee?
No Win, No Fee simply means that you will not have to pay us unless we win your case. So if we don’t win, you don’t have to pay us.