Insurance Disputes & TPD Superannuation Claims

Insurance Disputes and TPD Superannuation Claims

If you have been injured, you may have an entitlement to Total and Permanent Disability (“TPD”) benefits through your insurance or superannuation fund.

Bennett & Philp can investigate your policies and advise you on any entitlements you may have. If necessary, our lawyers will travel to you to discuss your circumstances.


Frequently Asked Questions

  • Why do I need a law firm like Bennett & Philp?

    Applying for superannuation, insurance and disability compensation benefits can be a confusing and complicated exercise. Unfortunately insurance companies and superannuation trustees can sometimes be difficult to deal with if you are not familiar with the process.

    You will need our help at Bennett and Philp if you want:

    • expert and personally relevant advice about your prospects of success and whether your claim is worth pursuing;
    • to consult with experts to understand your rights before lodging a claim. Insurance and superannuation application forms are notoriously long and full of fine print. Your chances of success in obtaining an approval depend on how detailed your application is and whether you have provided full disclosure of supporting medical information and evidence;
    • detailed advice from an expert on how much you can claim;
    • an expert with particular expertise in superannuation and insurance claims and appeals, superannuation disability claims (Total Permanent Disability (“TPD”), Temporary Total Disability (“TTD”) and Terminal Illness (“TI”)), death benefit claims and income protection insurance claims;
    • experienced lawyers to relieve the stress and burden involved in initiating and running your claim professionally and efficiently;
    • a law firm with procedures in place to ensure that no time limits are missed;
    • a law firm which knows how to properly liaise with insurance companies to ensure that you are adequately compensated and your interests are protected.


    What this means for you is that your legal fees are kept to a reasonable level and the benefit you receive is maximised.

  • Do I have a Total and Permanent Disablement Claim?

    Superannuation and accident/income protection policies often provide for payments of benefits or lump sums if you are temporarily or permanently unable to work, or have a permanent disability. We can advise you, when dealing with insurance companies, to ensure your case is managed appropriately. Sometimes you need a lawyer who understands how the claims process works.

  • Do I have an Accident and Income Protection Policy?

    Employers, sporting clubs, superannuation funds and unions will often have sickness and accident insurance policies which will protect their employees and members.

    These policies may provide protection for you for income, death or disability. It is important to receive legal advice to interpret the terms and conditions of these policies to ensure you recover benefits to which you are entitled.

  • Am I eligible to make a claim?

    Situations where you may have superannuation, insurance or disability claim include:

    Total and Permanent Disability or “TPD”: coverage comes as standard in most superannuation funds. Other policies such as life insurance may also include TPD insurance. TPD provides financial benefits to those who are no longer able to work in their usual occupation due to mental or physical disability or ill health.To qualify for TPD benefits, you will need to show that because of your illness you are unable to continue working in your usual job and you cannot do any other occupation that fits your experience, skills, training or education (depending on the wording of your policy).

    It’s not necessary for you to prove that someone else was at fault. 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;

    Income Protection cover or Temporary Total Disability (“TTD”): if you have temporarily become unable to work due to disability or illness, you may have a claim. Similar to TPD cover, income protection benefits provide financial support to those unable to work, in the form of either lump sum or ongoing payments. To qualify for income protection benefits, you will need to provide evidence of your illness or disability, that you can’t do your job, that you are under the care of a doctor and you’re currently unable to work (depending on the wording of your policy);

    Trauma: if you have been diagnosed with a defined medical condition or suffer a specific ailment, you may be eligible to receive a lump sum payment, regardless of whether you can continue to work or not;

    Death: A lump sum will be paid to the nominated person (usually a spouse or child), upon a person’s death.


    The criteria for claiming benefits differ from policy to policy so it is important that you get legal advice as soon as possible.

  • Important time limits

    Strict time limits may apply in your circumstances

    Strict time limits may apply according to your policy.

    We strongly advise that you contact us as soon as possible to protect your interests and to ensure that you do not miss any time limits applicable to your policy.

  • How do I know if I have TPD insurance?

    Most workers are members of a superannuation fund and it’s very common for superannuation funds to provide a level of insurance cover to its members.

    It’s possible that you have disability insurance cover that you’re not aware of, such as:

    • you may have your own life insurance policy, or your employer may provide you with some form of accident and sickness policy;
    • you may be covered for Total and Permanent Disability;
    • your spouse or family may be entitled to some Death Benefits;
    • you may have a travel insurance policy in place if you are injured whilst traveling, and
    • you may also have loan or mortgage insurance if you are unable to repay a mortgage or loan due to a disability.
  • The compensation calculation

    Superannuation, insurance or disability (“TPD”) cover: all TPD compensation claims are different and will be assessed on your personal circumstances. If your claim is successful, you will receive a lump sum payment. As soon as we have gathered all the evidence, we will then be in a position to properly advise you on what to expect.

    Death, total and permanent disability and trauma benefits usually provide you with a lump sum payment, regardless of your wage or salary. These payments are usually tax free.

    Income protection cover: income protection benefits generally pay up to 75% of your usual wage or salary. This, of course, varies from case to case, so it is important that you have the assistance of our experts.

    If you have income protection insurance and can’t work, you may be eligible to receive a monthly benefit for a set period of time.

    How much will I receive? 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.

Our Team has helped many individuals and businesses in disputes with insurance companies and will help you take the worry out of making a claim and ensure you can access your insurance benefits and superannuation when you need it most.

No Win No Fee

We provide access to justice and compensation. If you engage our services, you will only need to pay our professional fees if there is a judgment or settlement in your favour.


Want More Information? 

If you are unable to work due to injury or illness, the financial stress you are experiencing is not helped by having difficulty gaining access to the money you are entitled to from insurance companies and superannuation funds.

While it is likely that you will have an income protection insurance policy as part of your superannuation policy, there are many areas of insurance coverage that may assist you when you become injured or ill or when a loved one dies.

Possible sources of insurance cover include:

  • Income Protection Cover;
  • Life Insurance;
  • Accident and Trauma cover;
  • Total and permanent disability (“TPD”) or death benefit;
  • Mortgage or loan insurance;
  • Travel insurance, and
  • Home and contents insurance.


Unfortunately many do not realise that they have such a policy in place to cover any losses.

Even though it is quite an easy process to apply for cover, it is not unusual for insurers to deny indemnity or reimbursement, sometimes for spurious reasons. It is in situations such as this that you need a lawyer to let the insurer know that you will not be bullied. Bennett & Philp has a reputation amongst insurers as being a tough but ethical firm to deal with.


Expert personal injury advice

Contact us today for a personalised obligation-free advice regarding your particular circumstance.