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Superannuation and TPD Claims Lawyers

Get the compensation you deserve

If you can no longer work due to injury, illness, or a medical condition, you may be entitled to make a Total and Permanent Disability (TPD) claim or other superannuation insurance benefits. Our expert superannuation lawyers guide you through the complex claims process to help you access the compensation you deserve.

Understanding your superannuation benefits

As a worker, your employer contributes to your superannuation fund, but what many people do not realise is that their superannuation may include insurance benefits. If you’re unable to work due to injury or illness, you could be eligible for lump sum payments or ongoing income protection through your super fund.

Most superannuation and insurance policies provide benefits designed to protect you in situations where you are unable to return to work due to your injury or illness. These benefits may include:

  • Total and Permanent Disability (TPD) payment
  • Income protection
  • Terminal illness/death benefit
  • Trauma insurance
  • Early release of your superannuation balance due to permanent incapacity

Insurance payouts can range from a few thousand dollars to over $1 million, depending on your policy. However, making a claim can be complex. Our dedicated superannuation claims lawyers provide expert guidance to ensure you receive your full entitlements under a no win, no fee arrangement—meaning you won’t pay legal fees unless we win your case.

Types of superannuation claims we handle

If you are unable to work due to injury or illness, you may be able to make a claim under your superannuation policy. Depending on your situation, you could be entitled to:

Total and Permanent Disability (TPD) Claims

  • TPD insurance provides a lump sum payout if you are unlikely to work in your usual occupation or any other job suited to your education, training, and experience.

Income Protection Claims

  • If you’re temporarily unable to work due to injury or illness, Income Protection benefits provide ongoing financial support, typically covering up to 75% of your salary for a set period.

Death and Terminal Illness Benefits

  • Superannuation funds offer death benefits to dependents of a deceased member, as well as early access to superannuation for those diagnosed with a terminal illness

Trauma Cover

  • Trauma cover, also known as Critical Illness Cover, provides a lump sum payment if you are diagnosed with a specified illness or injury. This financial support can help cover medical expenses, rehabilitation, and lost income during recovery.
  • The most common medical conditions covered by trauma insurance include:
    • Cancer
    • Heart attacks
    • Strokes
    • Multiple Sclerosis
    • Brain injuries

If you’re unsure about whether you have trauma insurance, or need help making a claim, we can assist you in navigating the process.

An obligation-free consultation with our superannuation lawyers at Gordon Legal will help you identify your eligibility to make a variety of insurance compensation claims through your superannuation.

What is Total and Permanent Disability (TPD)?

Total and Permanent Disability, often known as TPD, is a type of lump sum insurance often held within superannuation funds. TPD means that due to an injury, illness, or medical condition, you are unlikely to return to work that is within your education, training and experience.

You do not need to be unfit for all types of work – only the type of work you are qualified for based on your education, training, and experience. If you would require retraining to work again, you may still be eligible for a TPD claim.

Key factors considered in TPD claims:

  • Physical limitations;
  • Psychological conditions;
  • The realistic likelihood of you returning to work; and
  • Your ability to find suitable employment.

If you meet the TPD criteria under your policy, your superfund will pay you lump sum compensation. It is important to note that this lump sum comes from the insurance held within your super, and does not reduce your actual superannuation balance.

Understanding your TPD policy – how we can help

Every insurance policy has its own specific terms and conditions. Generally, to qualify for a Total and Permanent Disability (TPD) claim, you must demonstrate that you have been unable to work for at least 3 to 6 consecutive months due to an injury or illness and that you are permanently unfit for your usual job or any other role suited to your education, training, and experience.

Your superannuation member statement will typically outline your current Income Protection or TPD insurance coverage. If you hold a private policy, your policy schedule will confirm the extent of your cover. The amount you may be entitled to is based on the date you stopped working due to your condition.

How our expert TPD lawyers can help you

Our dedicated superannuation and TPD claims lawyers will:

Review your policy and entitlements

  • We review your super fund policy to determine your eligibility and entitlements.

Advise you on eligibility and claim strategy

  • We provide tailored legal advice to strengthen your claim.

Handle all paperwork, requests for information and negotiations

  • We manage the complex claims process, dealing directly with insurers on your behalf.

Maximise your compensation payout

  • We work tirelessly to ensure you receive the full amount you are entitled to.

FREQUENTLY ASKED QUESTIONS

You may be eligible to claim superannuation insurance benefits if:

  • You have an injury or illness (physical, psychological, terminal, or chronic) that prevents you from working.
  • You were a member of a superannuation fund at the time you stopped working.
  • You had insurance with a superannuation fund or private insurer when you stopped work.

TPD does not require that your injury or illness is work-related. You may be eligible for a TPD insurance payout if you have suffered from conditions such as:

  • Serious injuries (e.g., car accidents, workplace injuries, sports injuries)
  • Chronic illnesses (e.g., cancer, heart disease, degenerative conditions, neurological disorders)
  • Mental health conditions (e.g., depression, PTSD, anxiety disorders, schizophrenia)

You may still qualify even if:

  • You’ve withdrawn your superannuation balance after stopping work.
  • You’ve closed your superannuation account after stopping work.
  • Your WorkCover or TAC claim has been rejected.

Important: You do not need a WorkCover or TAC claim to make a TPD claim.

Our specialist TPD lawyers will assess your eligibility and help ensure you receive your full entitlement.

While it’s best to lodge your Total and Permanent Disability (TPD) claim as soon as possible, you may still be eligible to claim long after your injury or illness first occurred.

However, if you need to challenge a rejected claim, strict time limits apply. Failing to act within these deadlines could prevent you from receiving your rightful compensation, so it is crucial that you seek legal advice as soon as possible

In our experience, Insurers tend to take advantage of unrepresented claimants or will use delaying tactics throughout the claims process to minimise or reject payouts. To protect your rights and maximise your entitlements, we strongly recommend speaking to an experienced TPD lawyer – ideally before lodging your claim – to ensure a smooth process and avoid common insurer pitfalls.

Contact us today for expert guidance on your TPD claim and appeal options.

Yes, you may be able to make multiple TPD claims if you had multiple insurance policies in place when you stopped working due to your disability. However, some policies contain clauses that limit or deny payouts if you’ve already claimed a TPD benefit from another insurer.

Our expert TPD lawyers are highly skilled at overcoming these restrictions, ensuring you receive the maximum compensation available. Seeking legal advice before making multiple TPD claims is essential to avoid common insurer roadblocks.

Superannuation funds are required to process and decide on TPD claims within 6 to 12 months from the time they receive all necessary claim documentation. The exact timeframe depends on the complexity of your claim and whether additional medical or financial information is required.

At Gordon Legal, our experienced TPD lawyers work to expedite the claims process, ensuring your benefits are paid as early as possible.

If you have multiple super accounts or have lost track of your superannuation insurance, we can assist by conducting a lost super search with the Australian Taxation Office (ATO). If you are eligible for any superannuation disability insurance claims, we will handle the process for you.

At Gordon Legal, we understand that an injury or illness can be life-changing, impacting not just your health but also your financial stability, your family and your overall well-being. That’s why we approach every Total and Permanent Disability (TPD) and insurance claim with care, skill, and determination, ensuring you receive the benefits you’re entitled to when you need them most.

Specialist TPD lawyers

Unlike general legal practitioners, your case will be handled by a lawyer who specialises in superannuation claims. Our dedicated team of superannuation and insurance lawyers has extensive experience in navigating complex policies, insurer tactics, and claim disputes, giving you the best chance of a successful outcome.

We simplify the process and make it stress free

Many people are unaware they can claim through their superannuation, as policy documents are rarely provided upfront. Insurers and funds often make it difficult for members to access their rightful benefits, using delays, excessive documentation requests, and technical loopholes to deny claims. We cut through the red tape, guiding you every step of the way to ensure a smooth, efficient process.

We fight hard to maximise your entitlements

At Gordon Legal, we take pride in holding insurers accountable. We understand the financial hardship that can arise from being unable to work, and we are relentless in our pursuit of the maximum compensation available to you. Our legal team is committed to fighting for the outcome you deserve, using strategic expertise to challenge unfair decisions and ensure you receive the benefits you are legally entitled to.

Trusted by clients, respected by Insurers

We have built a reputation for delivering results and advocating fiercely for our clients. Whether you’re lodging a new TPD claim or appealing a rejected claim, Gordon Legal is the trusted choice for those seeking expert legal representation in superannuation and insurance disputes.

Let us handle the legal process so you can focus on your recovery. Contact us today to discuss your claim with one of our experienced superannuation lawyers.

No win, no fee

Your first consultation with us is completely free and without obligation. During this initial meeting, our expert lawyers and law clerks will conduct a comprehensive assessment of your situation, helping you understand your claim eligibility and next steps.

We believe you’ve already been through enough, so if your case is unsuccessful, you won’t pay us anything.

How to get started

1

Contact Us

We will be in touch within 1 business day if you email. Or you can call 1800 21 22 23, 9am-5pm, Monday – Friday

2

Meet Us

We can assist you anywhere in Victoria. We can travel to you, or we can talk via Zoom or over the phone.

3

Instruct us

We listen until we understand, and quickly provide the best advice so you can make a well-informed decision.

We are here to help

When you’re ready, give us a call or click on the button below to send us a message. It will go straight to a caring and committed member of our team who will contact you within 24 hours.

CONTACT US

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