Unlike negligence claims, superannuation and disability insurance does not require you to prove that someone caused your injury or illness when applying for total disablement, income protection, terminal illness or death benefits under a Superannuation or other insurance policy.
You can also have a combination of injuries and illness that may cumulatively mean that you are no longer able to work. These insurance applications are not personal injury claims. They are claims made under contracts of insurance and are governed by the Insurance Contracts Insurance Act 1984 and common law principals about contract law, equity and trusts also apply.
The important thing to be aware of with any claim under a Superannuation or disability insurance policy is that you need to make sure when lodging your application that all of the evidence supporting your application is submitted with your application. It is hard to have the Insurer consider new evidence after they have already rejected your application.
You may not get a second chance to present supportive and new evidence after your application is rejected.
The timing of any application is also important, as applying for TPD for example may result in income protection payment stopping early.
Because of the potential complexity of these claims and the general rejection culture of the industry, we recommend getting initial legal advice before applying. We offer initial free consultations on any TPD insurance claims and superannuation insurance claims enquiries.
If your injury or illness does not meet the policy criteria in an obvious way, we will recommend that you engage the help of a lawyer. Again, that is your choice to make.
If your injury and/or illness is going to easily meet the policy criteria, we will let you know that and suggest that you do not need a lawyer. We will probably make some general recommendations on things you might want to submit with your application. If you want to engage a TPD lawyer anyway, that is a choice for you.
• Income Protection
• Total Disablement
• Terminal Illness
• Death Benefit
The above is general information only and not intended to be legal advice. You should not rely on this information to make decisions but should seek expert legal advice about your specific circumstances.