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INJURY COMPENSATION LAWYERS IN MELBOURNE

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Superannuation & TPD

Superannuation & TPD Lawyers in Melbourne

Subject to certain limitations, since 1992 Australian employers have been obliged to contribute to employees’ superannuation funds.

All super funds have death benefits which can be claimed by a terminally ill policyholder or by a surviving spouse, partner, or dependents. Many funds provide benefits such as lump-sum payments for Total and Permanent Disability (TPD), payment for Total and Temporary Disability (TTD), income protection, trauma insurance and mortgage protection insurance.

Superannuation benefits are usually claimed on retirement. However, in some circumstances, if you are unable to work because of an accident or illness, you are able to claim these benefits earlier. Examples of when you can claim include:

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Often the circumstances of your illness/accident are not relevant to your ability to claim. Depending on your claim, the entitlements may be a lump sum or weekly payments. These do not normally affect your retirement entitlements and can be claimed in addition to payments from TAC, Work Cover or similar authorities.

However, the lodging of these claims can be complex. People often have multiple super funds which all have their own terms and conditions. Timelines for submission of claims or disputing fund decisions do apply. These claims take months to assess and there can be waiting periods. It is important that appropriate documents are supplied to speed up the process.

Accordingly we suggest you urgently contact a lawyer at National Compensation Lawyers (NCL) so that we can provide appropriate advice and progress your claim to ensure the prompt payment of all entitlements.

National Compensation Lawyers offer visiting services throughout Victoria. If you have an illness or injury which causes you to remain in hospital or leaves you housebound, we will come to you.

National Compensation Lawyers act on a “No Win, No Fee“ basis. Simply put, this means that if we do not win, you do not pay our legal fees.

Please read more about superannuation and TPD claims in our FAQ section.

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Our Commitment to You

National Compensation Lawyers are Fearless. We will take on public liability insurers and their lawyers.

National Compensation Lawyers are Determined. We will fight to ensure you receive your maximum compensation entitlements.

National Compensation Lawyers are Compassionate. We genuinely care. We will guide you through the claim or legal process with patience and understanding.

For more information, or to arrange an obligation-free consultation with a lawyer, please call us on 1300 FEARLESS (1300 332 753).

What Type of Benefits can I claim?

The Superannuation scheme was established in 1992 to help people save for their retirement. Employers are obliged to contribute to employee’s Superannuation funds. The money within the fund (called the defined benefits) is payable on retirement or in certain specific circumstances.

Each Superannuation fund has different benefits. Accordingly, it is important to check your fund. Typical benefits include:

It is important to note it is not always necessary for the policy holder to wait until they retire/die before making a claim on the superfund. There are instances where claim for benefit may be made at an earlier stage.

It is important to note that each Superannuation fund has different rules and entitlements. We therefore recommend you contact National Compensation Lawyers to discuss the benefits to which you may be entitled with a lawyer. Please contact us on 1300 FEARLESS (1300 332 753).

TPD & TTD Claims?

If, as a result of your injury or illness, you are unable to ever again work in any job for which you are suited, given your education, training and experience, you may be entitled to lodge a Total and Permanent Disability (TPD) claim.

If eligible, a lump sum payment will be made to you. The intention is to provide financial support whilst you are unable to work. The amount of the payment depends on the extent of your cover and your eligibility.

If you are unable to undertake your normal work for a certain period, some superannuation funds will offer a Total and Temporary Disability (TTD) payment. These are normally paid weekly or monthly. Payments are a percentage of your wage and paid for a limited period only.

Please contact National Compensation Lawyers to discuss your claim with a lawyer direct on 1300 FEARLESS (1300 332 753).

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Superannuation & TPD Frequently Asked Questions

What is superannuation?

Superannuation is a scheme established by the Australian Government in 1992 to financially assist people in retirement. Employers are obliged to contribute a specified amount to employees’ superannuation funds.

What are superannuation benefits?

Your superannuation fund provides you with an income on retirement. However, most funds include additional benefits, for example, Total and Permanent Disability (TPD), Total and Temporary Disability (TTD), income protection, trauma insurance, mortgage protection, death benefits and the like.

What is a TPD claim?

If you are unable to undertake your normal employment or any work related to your training and experience, as a result of illness or an injury, you may have a Total and Permanent Disability (TPD) claim. A lump sum payment is made.

It is important to note that even if you can still work, you may qualify. The applicable test varies policy to policy, however, in general terms; the test is whether the person cannot work in any type of occupation for which they are reasonably qualified, given their education, training or experience. For example; if a person who experience and training has been operating earth works equipment suffers a back injury which means they cannot operate the machinery but they can work in an office, then they will likely have a claim.

What is a TTD claim?

If you are unable to do your normal work on a temporary basis, then you may have a Total and Temporary Disability (TTD) claim. These payments are normally a percentage of your wage, paid weekly.

Do all superfunds have the same benefits?

No. Each superannuation fund has different benefits, entitlements, claims processes and appeal processes. Accordingly, you should obtain legal advice and assistance from a National Compensation Lawyer.

Do I have a claim?

All superannuation funds have different rules. Accordingly, we encourage you to contact a National Compensation Lawyer as soon as possible. We will ascertain whether you have a claim, the correct process and timeframe for lodging claims.

It is important to note that you can still claim even if you are not making super contributions, your super fund has already paid out other benefits, or the policy holder has passed away.

How do I claim?

The superannuation fund dictates the claim process. However, you will be asked to complete forms, provide medical reports, attend medical examinations and the like. The claim process will be delayed if not properly adhered to. We encourage you to contact a National Compensation Lawyer to assist with the process.

Can I dispute the funds decision?

Yes. If you do not agree with your superfund’s decision, or do not believe they are dealing with your claim fairly, you can lodge a Complaint. The Fund has a set period to respond. If you are still aggrieved, you can ask the Superannuation Complaints Tribunal to assess the matter. Time limits do apply, so we encourage you to contact a National Compensation Lawyer.

How much money will I receive?

Each superfund provides different benefits. It also depends on the extent of your illness/injury. When you contact National Compensation Lawyers, and we have obtained appropriate information from your Fund, we will be able to provide details of the entitlements you can expect.

For more information or to arrange an obligation free consultation with a lawyer please call us on 1300 FEARLESS (1300 332 753).