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Income Protection Lawyers

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Assessing whether you need an income protection lawyer?

When illness or injury strikes, the last thing you should be worried about is how to pay your bills. That’s where income protection insurance comes in, a safety net designed to support you when you’re unable to work. Gordon Legal’s income protection claim lawyers can support you in fighting for your rights. Whether you’re facing a claim delay, a rejection, or an exhausting dispute with your insurer, Gordon Legal’s expert disability claim lawyers and insurance lawyers in Australia can help you access the financial support you’ve rightfully earned. Call our team today on (03) 9603 3000 or submit an enquiry on our website here.

What is income protection insurance and how does it work?

Income protection insurance, also known as salary continuance insurance, is a type of disability insurance that provides you with regular payments if you’re unable to work due to illness or injury. Income Protection benefits provide ongoing financial support, typically covering up to 75% of your salary for a set period of time. In Australia, income protection insurance is typically held through your superannuation fund, or sometimes through a a private policy outside of super. For further information about income protection insurance, call Gordon Legal today on (03) 9603 3000. Our expert lawyers are more than happy to guide your through this process and explain what your rights are.

Can a lawyer help with my income protection claim?

Engaging income protection claim lawyers can be the difference between a denied claim and a successful one. These legal professionals understand the requirements that are crucial to the success of your claim. Through Gordon Legal’s lawyer services, we can support you by:

  • Assessing your eligibility and reviewing your policy
  • Preparing and lodging your claim accurately
  • Communicating with the insurer on your behalf
  • Challenging delays or rejections swiftly and strategically
  • Representing you in disputes, including mediation or litigation if needed

With the support of skilled lawyers for insurance claims in Australia, you can feel confident that your case is being handled with care, compassion, and expertise, so that you can focus on your health. For free legal advice about your insurance claim, call Gordon Legal’s superannuation and TPD lawyers today on (03) 9603 3000 or submit an enquiry on our website here.

Why do insurance companies deny income protection claims?

Sadly, insurance companies have the authority to deny income protection claims, which can leave many injured or ill individuals feeling overwhelmed. Common reasons for a denied claim include:

  • Alleged lack of medical evidence
  • Disputes over work capacity (claiming you can still perform some form of work)
  • Failure to disclose pre-existing conditions
  • Policy exclusions buried in the fine print
  • Administrative errors or delays in processing

In the event that your income protection claim is denied, it is crucial that you seek advice from income protection dispute lawyers. They can offer their legals services by challenging these denials, gathering expert medical reports, obtaining workplace evidence. To ensure that you receive the entitlements that you deserve, speak to Gordon Legal’s compensation claim lawyers today. Call our office on (03) 9603 3000 or submit an enquiry on our website here, to have our team call you.

How long does an income protection claim take in Australia?

Are you suffering from an illness or injury, and you’re unable to work? You might be wondering whether you can lodge an income protection claim, and if so, how long the claims process will take.

It is important to note that under most income protection policies, a waiting period will apply. This means that you must wait a specified amount of time (usually 30, 60 or 90 days) before you are eligible to receive income protection benefits.

The timeline for an income protection claim can vary greatly depending on the insurer, your policy, and the complexity of your case. Here’s a general guide:

  • Initial processing: 1 to 3 months (if all documents are in order)
  • Complex claims: 4 to 9 months (especially if medical opinions or investigations are needed)
  • Disputed claims: 12+ months (if legal action is required)

The process can feel like slow, especially when you’re already struggling with health challenges. That’s why seeking representation from compensation claim lawyers can dramatically improve the outcome of your claim, whilst expediting your claim. Call Gordon Legal’s personal injury compensation lawyers today on (03) 9603 3000.

Will WorkCover or Centrelink payments impact on the income protection benefits I receive?

Many income protection policies contain offset clauses. This means that the insurer in your income protection claim can offset any income you receive from other sources, including workers’ compensation, sick leave entitlements, annual leave entitlements or other disability benefits, against the amount of income protection you are eligible to receive.

For instance, if you are receiving WorkCover weekly payments of $1,000 per week and your income protection policy entitles you to a benefit of $900 per week, your income protection insurer may only pay you the difference between the two amounts. This means that you would only be entitled to a $100 top up benefit because of the offset clause.

What should I do if my income protection claim is denied?

A denied claim isn’t the end of the road. Gordon Legal’s expert disability claim lawyers know how to dispute income protection claims effectively. They can assist you in navigating your way through the disputes process. If you’ve received a rejection, here’s what to do:

  • Request the insurer’s reasons for denial in writing
  • Review your policy and compare it with their explanation
  • Consult income protection claim lawyers for a professional assessment
  • Gather evidence to support your appeal (medical reports, work history, statements)
  • Dispute the decision formally through internal review or legal channels

For more information, call our office on (03) 9603 3000 or submit an enquiry on our website here.

Our no win, no fee lawyers can offer free legal consultations to assess your eligibility and entitlements. If your claim is unsuccessful, you won’t pay a cent in legal fees. For free legal advice, with no obligations, call Gordon Legal today on (03) 9603 3000. For details about our no win, no fee arrangement visit our website here.

Being unable to work due to illness or injury is hard enough. Being denied the financial support you paid for is an injustice no one should face alone. If you’re battling an income protection insurance provider, don’t lose hope. With the right legal guidance, there is a path forward. Reach out to Gordon Legal’s experienced superannuation and TPD lawyers’ team who is willing to fight for your rights. Get the legal advice you need, call Gordon Legal on (03) 9603 3000.

What are death benefit claims?

A death benefit claim is a request made to a superannuation fund by the beneficiaries or legal personal representative of a deceased member, seeking payment of the deceased’s superannuation account balance and any associated death insurance benefits. These claims provide critical financial support during an already difficult time, helping to cover expenses such as funeral costs, outstanding debts, and day-to-day living expenses.

Who can receive a death benefit?

Death benefits are typically paid to:

  • A dependant or multiple dependants of the deceased, which may include a spouse or de facto partner, children (of any age), or anyone in an interdependency relationship with the deceased.
  • The deceased’s legal personal representative (e.g., the executor of their estate), for distribution in accordance with the deceased’s will.
  • In some circumstances, a non-dependant may also be eligible, subject to the specific rules of the superannuation fund’s trust deed and insurance policy.

For the purposes of these claims, a “dependant” is defined as someone who, at the time of the deceased’s passing, had a close personal relationship with the deceased and relied on them for financial or domestic support. In cases where the relationship is not formalised by marriage, such as in a de facto partnership, establishing eligibility might require additional evidence – such as statutory declarations, shared bills, or other documentation – to prove the relationship.

The role of binding nominations

A binding nomination is a legally executed document where a super fund member specifies how they wish their death benefits to be distributed. If a binding nomination is in place and valid, the Trustee of the superannuation fund must distribute the benefits according to the member’s instructions.

It is important to note that a binding nomination will typically expire after a set period (usually three years) and must be reviewed periodically. In the absence of a binding nomination, the Trustee has discretion in determining the beneficiaries based on the fund’s trust deed.

Why timely payment of death benefits matter

The prompt payment of death benefits is crucial. Delays can compound the emotional and financial strain experienced by families during their time of loss. When funds are delayed, beneficiaries may struggle to cover immediate expenses such as funeral costs, outstanding debts, or everyday living expenses.

The inconsistency in claims processing timeframes across various superannuation funds underscores the need for clear, enforceable customer service standards to ensure that beneficiaries are not left waiting during critical moments.

How Gordon Legal can help

At Gordon Legal, we specialise in TPD and Life Insurance / Death Benefit claims. If you or a loved one has experienced delays in receiving a death benefit, or if you are unsure of your entitlements, our experienced team is here to help. We can provide you with expert legal advice and guide you through the claims process, ensuring that your case is handled with the urgency and care it deserves.

Our no-win/no-fee approach means that you can seek our assistance without worrying about upfront costs, allowing you to focus on what matters most – that is, supporting your family during difficult times.

If you have questions about your death benefit claim or need assistance with any aspect of your TPD or life insurance matter, please contact us at Gordon Legal. We are committed to ensuring that you receive the financial support you deserve.

Loredana Trimboli (Senior Associate)

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