Superannuation Insurance Lawyers

Superannuation insurance typically refers to the different types of insurance benefits that are held inside a person’s superannuation fund. These benefits were once commonly included automatically when a person joins a super fund, although the level and type of cover could vary.  More often these days, an option needs to be made to either opt in or opt out of the insurance available.  That’s why it’s important to always refer back to your superannuation material to see what you are insured for and what your entitlements might be.

Contact your superannuation fund directly with any queries you have about what you are covered for.

The most common types of superannuation insurance claims include:

• Total and permanent disability (TPD)
• Income protection insurance
• Terminal illness insurance
• Death benefits

It is important to note that superannuation insurance claims are not ‘fault-based’, meaning you do not have to show someone else was at fault or negligent to trigger entitlements (unlike personal injury compensation claims from car accidents and work accidents). A successful superannuation claim depends purely on whether you are able to meet the criteria set out in the policy and fund rules.

These benefits are governed by:

• the super fund’s trust deed and rules
• the terms of the insurance policy, and
• superannuation legislation.

At Murphy’s Law Accident Lawyers, our award-winning team of lawyers provide legal advice on superannuation insurance claims. This includes advice on eligibility, policy interpretation, disputes with trustees or insurers, and review options where a claim has been declined, delayed or only partially accepted.

It’s important to understand the difference between the most common superannuation claims, as they can be tricky when trying to navigate your potential entitlements. Here is an overview:

What is Total and Permanent Disability (TPD) insurance?

TPD insurance provides a lump sum benefit where a member meets the policy definition of total and permanent disability. This usually involves demonstrating that a policy member is unlikely to return to work, either in their own occupation or any occupation, depending on the type of policy you have and its specific terms.

Click here to go to our TPD claims page for more detailed information.

What is Income Protection Insurance?

Some superannuation funds provide income protection insurance, which pays a regular benefit for a defined period if a member is temporarily unable to work.
These claims involve different criteria to TPD, including waiting periods, benefit periods, and ongoing eligibility requirements, so it’s important to distinguish the differences.

Click here to go to our income protection claims page for more detailed information.

What is Terminal Illness Insurance?

Terminal illness insurance is a separate type of superannuation insurance benefit, even though it is often confused with TPD.
A terminal illness claim is based on medical prognosis, not work capacity (like TPD). It is usually met when two medical practitioners certify that a person has a terminal medical condition and a limited life expectancy. Again, the benefits and policy requirements vary and are defined by legislation and the policy.

Unlike TPD:

• terminal illness claims generally do not require waiting periods,
• there is no requirement to prove permanent inability to work, and
• benefits may be paid earlier and, in some cases, are tax-free.

What are Death Benefits?

Superannuation funds may also pay death benefits, including any attached insurance, to eligible beneficiaries when a member dies. Death benefit disputes usually arise around issues such as entitlements, nominations, dependencies, and the distribution of benefits.

Choosing the wrong type of claim, or pursuing claims in the wrong order, can delay payment or affect entitlements, which is why it’s important to speak with our award-winning team to let us guide you through the process.

How we can help

Our insurance law team can assist by:

• explaining what types of superannuation insurance you hold
• advising which claim pathways may be available to you
• reviewing policy terms and fund rules
• assisting with claim preparation and supporting evidence
• advising on trustee decisions and review options.