Why legal advice is crucial for income protection claims
Your superannuation isn’t just for retirement — it comes with extra benefits like death benefits, Total and Permanent Disability (TPD) and income protection. If you’re injured or ill and can’t work for a while, an income protection claim offers temporary financial help. Income protection insurance is often automatically included in your super policy, so you might be covered without knowing it.
Unfortunately, getting income protection payments isn’t as simple as filling out a form. You need to meet all the terms of your policy, including any waiting periods and deadlines, and provide solid evidence showing how your condition affects your ability to work. If your claim doesn’t meet these terms, it can lead to long delays — or missing out on your payments entirely. That’s why we strongly suggest speaking to a lawyer before starting.
Below, you’ll find all the ways expert legal advice can help with your income protection claim.
Understanding income protection benefits
Income protection insurance provides financial support if you can’t work due to illness, injury, or disability. Here’s what you can usually expect:
- Regular wage-replacement payments, typically made monthly.
- Up to 90% of your regular income (plus superannuation) for the first six months, then 75% after that.
- Payments for a set period, like 2 years, 10 years, or until retirement.
The exact amount of compensation you get depends on your policy type. The two most common are:
- Indemnity value policies: these cover a portion of your income based on your earnings from the 12 months before your injury or illness. If your salary fluctuates, the insurer will average out your earnings to determine your compensation.
- Agreed value policies: these give you a set amount of compensation that was agreed upon when you took out the insurance.
6 ways legal advice can help with your claim
An experienced lawyer offers crucial guidance and support for income protection claims. They can help with every aspect of your claim, including:
- Understanding your policy: every income protection policy is different and open to interpretation, so it’s important to have a lawyer experienced in this field. For example, the term ‘disabled’ might be defined differently depending on your policy — some might have stricter definitions, while others are more flexible. A specialist lawyer will dig into these specifics and craft a case that aligns perfectly with the terms of your policy.
- Gathering evidence: your lawyer will gather detailed medical reports, expert opinions, and other essential evidence to back up your claim. They’ll also counter any opposing evidence from the insurer’s experts, making it harder for them to deny your case.
- Covering costs: it can be expensive to get all the necessary evidence for your claim, with costs for expert opinions and other expenses adding up fast. But if you go with a No Win No Fee lawyer, they’ll cover all those upfront costs for you, so you’ll never be out of pocket.
- Avoiding delays: a week without income can feel like forever, so getting your claim approved quickly is essential. Unfortunately, super funds and insurers often drag their feet, especially if you’re going it alone. A skilled lawyer knows these tactics and can help speed up your claim, ensuring your claim is paid faster.
- Handling disputes: if your claim is disputed or denied, a lawyer can step in to negotiate with the super fund or challenge their decision. If needed, they can even take your case to court to ensure you get the benefits you’re entitled to.
- Investigating other claims: a lawyer will look into all your other potential claims. For instance, if your injury happened at work, you could receive weekly workers compensation. If your employer was at fault, you may also be eligible for substantial common law damages. And if your injuries become permanent, you could be entitled to a TPD benefit. These claims are often worth significantly more than your income protection payments alone — ensuring you get the maximum compensation for your condition.
Common challenges in income protection claims
- Policy exclusions: some policies have exclusions or specific conditions that can affect your claim. For example, some might not cover pre-existing conditions. A lawyer can help you understand these exclusions and guide you on what you’re actually entitled to based on your policy.
- Return-to-work clauses: often, your insurance payments will stop if you return to work at the same level as before your disability. However, if you’re working less than before, some policies offer partial disability benefits. These provide smaller payments to top up your income as you gradually return to full capacity. A lawyer can help you understand these return-to-work clauses in your policy and how they might affect your payments.
- Time limits: you need to file your income protection claim within a set time frame, usually about 6 months from when your illness or injury began. The exact time limit depends on your policy terms. If you’ve missed the deadline, don’t stress — there are still options. Just contact our lawyers today. We’re experts in time limit exceptions for income protection policies and can help get your delayed claim back on track.
To sum up
Income protection claims can be complicated — requiring experience, strategy, and the ability to push back against super funds and insurers. Whether you need help understanding your policy, proving your condition fits its terms, or challenging a denied claim, a skilled lawyer offers essential support.
Contact us today to speak with an income protection lawyer. Our team is ready to review your policy and offer free advice on your entitlements.
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