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What is income protection?

Income Protection is a type of insurance that provides financial support if you can’t work because you’re sick, injured, or disabled.

You’ll generally receive:

  • Regular wage-replacement payments (usually monthly).
  • Up to 75% of your regular income including super.
  • Payments for a set period, e.g. 2 years, 10 years, or up to retirement age.

Do I have income protection?

You probably have income protection without even realising it. Most people are covered through their superannuation policy, but you may have bought insurance directly from an insurer or bank instead. To find out whether income protection is included in your policy, simply reach out to your super fund or other insurer.

Once you’ve confirmed that you have an income protection policy in place, it’s essential to understand the factors that could affect your eligibility to make a claim. These are:

  • The terms of your policy: Your insurance policy outlines the specific conditions and requirements for making a claim.
  • Medical evidence: To support your claim, you’ll need to provide medical evidence such as reports from your doctor. This evidence should show that your injury or illness is stopping you from working.
  • Exclusions and limitations: Check if your policy has any exclusions or limitations that may affect your eligibility for a claim. Some policies might not cover pre-existing conditions, or they might have restrictions on certain types of injuries or illnesses.
  • Waiting period: Income protection policies typically have a waiting period, which is the length of time you must be unable to work due to injury or illness before you can start receiving benefits.

While it’s crucial to understand your level of cover, we know policies can be a bit of a dry read. That’s why our lawyers are always available to run through your policy with you, in person or over the phone. Speak to us today to find out if you have an income protection claim.

How much will I get paid?

You’ll get paid up to 75% of your pre-injury income, including superannuation contributions.

The exact amount depends on the type of policy you have: indemnity or agreed value.

  • Indemnity value policy: the insurance company looks at how much money you earn during the time you make a claim. So, the amount you get as income protection can change based on your current earnings.
  • Agreed value policy: this type of policy provides more certainty, as the benefit amount is set when you start the policy. This means that even if your income goes down later, you’ll still get the same predetermined amount of money.

Are there time limits for making a claim?

Time limits apply to most income protection insurance claims. You usually need to apply within six months from the onset of illness or injury. However, these limits can vary depending on the insurance policy and provider. Therefore, we advise filing your claim as soon as you become unable to work due to your condition.

If you’re outside your policy’s time limit, you may still have options—just speak to one of our experienced lawyers today. In a free consultation, we’ll provide free advice on your situation and help you figure out your next steps.

How much will it cost to make a income protection claim?

We operate on a ‘No Win, No Fee’ basis. This means we only charge for our services if we secure a favourable outcome for your case. Simply put — if we don’t win, you don’t pay.

  • No financial risk: Your claim is covered by our No Win No Fee Guarantee, meaning you pay nothing unless we win.
  • No upfront costs: We cover every cost, including expert evidence, legal fees and admin. If your claim doesn't work out, you'll never receive a bill from us.
  • Fixed fees: We provide an exact breakdown of our fees before starting work on your case. No last minute surprises, no sticker shock.
  • 30-day risk-free trial: We offer a 30-day free trial so you can evaluate our work before committing to your claim. If you cancel anytime during this period, there's absolutely nothing to pay.
Learn more about our fees

The claims process

We recommend reaching out to our specialist income protection team for guidance. They can help you through the process and make sure you meet all the requirements.

Here’s a breakdown of the typical claims process:

Start by contacting your insurance provider. They’ll give you the claim forms you need to fill out.

You’ll need to collect medical evidence to support your claim. This usually means getting medical certificates or reports from your doctor. These documents should explain the nature of your illness, injury, or disability and how it affects your ability to work.

Fill out the claim forms provided by your insurer. It’s important to provide accurate and honest information about your condition. Be sure to include confirmation from your GP that you are likely to be off work for longer than the waiting period.

Send the completed claim forms along with the supporting documentation to your insurer. Depending on your insurer’s preferred method, you can submit the claim forms electronically or via mail.

The insurance company will review your claim based on the information you provided. They may also request additional documentation or request an independent medical examination to assess your condition.

Once the assessment is complete, the insurer will make a decision on your claim. If it’s approved, you’ll start receiving income protection payments. If your claim is denied, the insurer will explain why and let you know about any options for further action.

Remember, the claims process can vary depending on your insurance provider and policy. It’s a good idea to review your policy documents or get in touch with your insurer directly to get detailed information about their claims process.

Meet the team

Our team use their extensive experience to increase your chances of success. We’ve won many awards for our work, including ‘Compensation Law Firm of the Year 2020 GBM Global Awards.’

Daniella Dababneh
Senior Associate
  • English, Arabic
  • Superannuation, TPD, Life Insurance
Leon Monaco
Managing Partner
  • English
  • Workers Compensation, Motor Vehicle Accidents, Public Liability, Medical Negligence
Kathryn Morcos
  • English
  • Family Provision Claims, Public Liability, Motor Vehicle Accidents
Meet more of the team

Frequently asked questions

How long you receive income protection payments depends on the terms of your policy. Generally, payments last for a specific period, e.g. 2 years, 10 years, or until retirement age.

Though income protection payments are designed to support you while you’re temporarily off work, your injury or illness does not have to be work-related. There are a large number of conditions that qualify for income protection, including (but not limited to):

  • Sports injuries
  • Injuries caused by accidents, such as car accidents
  • Long-term back pain
  • Cancer
  • Stroke

Redundancy, other unemployment, and self-inflicted injuries do not usually qualify for income protection. Importantly, psychological injuries—such as depression—are covered.

If your injury or illness is likely to prevent you from permanently returning to work, we can help you make a Total and Permanent Disability (TPD) claim. In contrast to monthly income protection payments, a TPD claim can result in a substantial lump sum payment.

If you were injured at (or because of) work, you’re entitled to workers compensation and income protection. While you can legally claim both at the same time, it’s not always advisable—it all depends on your individual circumstance.

I’m receiving weekly workers compensation payments

If you’re already receiving weekly workers compensation payments, making a claim for income protection is likely to trigger your policy’s ‘offset clause’.

An offset clause reduces the amount of income protection you receive based on your other weekly or monthly payments.

There are limited exceptions to offset clauses, including where you’re claiming income protection for an injury or illness that is separate to your workers compensation condition.

Only my medical expenses are covered by workers compensation

If your workers compensation only extends to medical expenses (and the like), this will not trigger your income protection policy’s offset clause.

As a result, you will receive your full income protection payments, in addition to having your medical expenses covered by workers compensation.

Wait periods apply to most income protection claims. This is the amount of time you must be off work before the insurance starts paying out. Depending on the terms of your policy, the wait period can range from a few weeks to several months.

Once the waiting period is over, the insurance kicks in and you’ll start receiving regular payments.

From lodgement to approval by the superannuation trustee, most income protection claims are finalised within 1 – 3 months. Your payments will then begin 2 weeks – 2 months after your claim is finalised.

Our dedicated superannuation team have developed methods to fast-track income protection claims and, as a result, most of our clients receive payments just 3 – 4 months from their first consultation.

If your income protection claim has already been rejected by an insurer, speak to a specialist lawyer immediately. This is especially important if you made your initial claim without legal representation.

In our experience, insurers often refuse to pay income protection to unrepresented claimants. They may cite their own medical evidence, determine that your condition is pre-existing, or attempt to cancel your policy on the grounds of non-disclosure or insurance fraud. Our expert team are not only familiar with these insurer strategies, but we also know how to defeat them.

Whatever the reason for your rejected claim, we’ll get you your rightful entitlements. Time limits apply to appeals, so ensure you speak to a lawyer as soon as possible.

Whether you need a lawyer for your income protection claim depends on various factors, such as the complexity of your case, the insurance company’s response, and your comfort level with the claims process.

While it is not mandatory to hire a lawyer to make an income protection claim, there are several benefits to involving one from the start. This includes:

  • Maximising benefits: Insurance companies often try to pay out as little as possible, which isn’t fair to you. Having a lawyer on your side can level the playing field and ensure you receive all the benefits you’re entitled to. This includes things like coverage for Total and Permanent Disability (TPD)  if your injury or disability is long-lasting. And if your claim is related to a work injury, there may be workers compensation benefits to consider as well. Relying only on income protection insurance might not cover all your financial needs.
  • Understanding the policy: Income protection policies can be complex, with specific terms, conditions, and exclusions. A lawyer experienced in insurance and disability claims can help you understand what everything means.
  • Evidence collection: To make a successful claim, you usually need a lot of evidence to support your case. Medical records, employment records, and financial information are just some examples. A lawyer can assist you in collecting and organizing all the necessary documents. They know what’s important and how to build a strong case.
  • Negotiation: Dealing with insurance companies can be a real headache, especially if they reject your claim or try to pay you less than you deserve. Lawyers are skilled at negotiating and can stand up for you. They’ll talk to the insurance company, make a strong argument on your behalf, and fight for the maximum amount you should receive.

Need help with your claim but concerned about the cost? We’ve got you covered with our No Win No Fee guarantee. Get guidance from our experienced income protection lawyers—at no financial risk to you. We cover all upfront costs, and you’ll only pay us if we win your claim. Contact us today to discuss your case.

What our clients say

When you walk through our doors, our top priority is to help you as much as we can. This commitment is shown in over 200 5-star reviews.

4.8 out of 5
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Thank you for accomplishing so much in such a short time.

Great communication, empathy and understanding. My case worker Daniella was a saint, understanding and patient and always passing on any updates in record time.


Good result! We had a complicated claim but they got the job done.

My brothers and I had a complicated claim. I found Ben Ralph to be very helpful, himself and Sally Sutton worked hard for just over a year to get through our claim. They achieved a good result and got the monies paid to myself and my brothers.


I knew it from the very first phone call: I had found a compassionate law firm.

Monaco Solicitors, I have no hesitation in recommending Daniella Dababneh and her team. After I suffered a serious workplace accident, I was in need of legal help.


I recommend Monaco to everyone. Daniella and Megg did amazing work.

I have been so fortunate to have found such a Professional and reliable solicitor. I would recommend Monaco Solicitors to all my family and friends. I would like to give a special mention to Daniella Dababneh from TPD section for all her hard work and continued communication with me. ❤️


Monaco helped me get much more compensation than I expected.

Monaco Lawyers helped me to receive compensation for an ongoing injury I sustained after I was simply driving home from work and was driven into head on by an incompetent and negligent driver who I believe was texting at the time of the accident.


They helped me juggle my injury claim and my mum's full-time care.

I highly recommend Monaco Solicitors. I was claiming PI through my superannuation for workplace injuries. They were doing a no win no fee which was great as I am a carer for my mum and don't earn much.

Leon Monaco & team member

Why choose Monaco

The law surrounding income protection claims can be complicated, and getting your full entitlements is often not as simple as lodging a claim.

To receive your benefits quickly—and in full—you need strong legal representation. Voted ‘Compensation Law Firm of the Year 2020’, we have the experience to ensure your entitlements are protected. This means you’ll get every dollar of your benefit, as well as an any additional payments you’re entitled to.

With our No Win No Fee Guarantee, your claim is also risk-free. There are no upfront fees, and you pay nothing until we win your case.

Learn more about us

We have the experience you can count on


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We offer a free consultation to assess your case, explain your options, and answer your questions. It's fast, confidential, and obligation-free.