When Pieta was diagnosed with breast cancer, she attempted to claim a TPD benefit through her superannuation. Her insurer rejected Pieta’s claim. Pieta then came to us....
Read moreTrauma insurance, also known as critical illness insurance, provides a lump sum payment if you’re diagnosed with a serious health condition like a heart attack or stroke. This payment can help cover medical expenses, rehabilitation, income replacement, or even pay off debts.
Most insurers offer trauma insurance, which you can purchase as a standalone policy or bundle with life insurance. As of 1 July 2014, trauma insurance is no longer available through superannuation — but you can still make a claim if you had it included in your super before this date.
Importantly, you don’t have to be off work to make a trauma insurance claim. But if your condition does affect your work capacity, you could also receive weekly income protection payments. And if you’re permanently unable to work, you might have a TPD claim, too.
Speak to us today for expert advice on your trauma insurance claim. Our lawyers will review your policy and explain exactly what you’re entitled to — completely free of charge.
We’ve spent over 25 years helping Australians get the trauma insurance payouts they deserve. While each policy is slightly different, these are some of the most common conditions trauma insurance covers:
This is by no means a complete list — many more conditions could entitle you to a trauma insurance benefit. To find out exactly what you’re covered for, check the terms of your policy. Alternatively, just give us a ring. Our specialist insurance lawyers can investigate your policy and explain whether your particular condition is covered.
Unfortunately, making a trauma insurance claim is rarely as simple as having a policy and filing a claim. There are many factors that could impact your eligibility to claim. These include:
The exact cost of your claim depends on many factors, like the complexity of your case and how long it takes to resolve. But no matter your situation, one thing stays the same — you’re always protected by our No Win No Fee guarantee. This means:
Time limits for trauma insurance claims can vary by policy. Some don’t specify a deadline, while others include a ‘prejudice clause’, meaning you need to file your claim within a certain time to avoid losing your benefits.
If your trauma insurance claim has been denied, you can appeal the decision. However, strict time limits apply, so it’s crucial to get legal advice before starting. Over the years, we’ve helped hundreds of clients successfully appeal their denied claims.
While each case is unique, your claim will likely go through the following steps:
In your free consultation, you’ll talk to one of our lawyers about your situation and how your condition is affecting your life. If you decide to move forward, the same lawyer will likely manage your claim from start to finish, ensuring a smooth process and the best outcome for you.
To give you the best advice, we’ll thoroughly review the details of your trauma insurance policy. Your lawyer will also gather all the necessary documents for your case, including your medical treatment records. This entire process is completely free, and there’s no pressure to proceed with your claim afterwards.
Your lawyer will go through your policy with you, explaining what you’re entitled to and the best way forward. They’ll also let you know if there are other claims you could pursue, like workers compensation or Total and Permanent Disability.
Your lawyer will gather all the necessary evidence to confirm that your condition is covered by your policy, including medical reports, test results, and any other relevant documents. They’ll then fine-tune your case, preparing detailed legal submissions, filling out your claim forms, and submitting everything to your insurance company.
The insurer will review the medical evidence you’ve submitted and may request additional documents or clarification from your healthcare providers. We’ll manage all their requests and push back on any unnecessary ones, ensuring your claim moves forward as quickly as possible.
Once the insurer has reviewed your claim, they’ll make a decision. With our thorough preparation and 98% success rate, we’re confident your claim will be approved. Just let us know how you’d like to receive your lump sum payout, and we’ll ensure you get your money right away.
If your claim is denied, the insurer must provide an explanation. In that case, we’ll start working on your appeal right away — filling out the necessary paperwork and gathering fresh evidence. Our experienced lawyers know exactly how to handle appeals and the best strategy to get your denied claim approved.
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.’
Most Australian insurers do not cover critical illness for mental health conditions like anxiety, depression and PTSD. However, if you’re temporarily unable to work because of a mental health condition, you could have an income protection claim.
Additionally, if your condition leaves you permanently unable to work, you could receive a substantial lump sum payout through a TPD claim. Most people automatically have TPD insurance through their super policy, so you’re probably eligible without even knowing it.
If you’re dealing with a mental health condition, reach out to us today. During your free consultation, we’ll take the time to understand your situation and offer expert advice on getting the support you need.
Most trauma insurance claims take around six months to complete from the lodgement date. However, if your claim is more complex, it could take up to 12 months for the insurer to make a decision.
The time it takes depends on three key factors:
Insurers often try to avoid paying large settlements by using delay tactics, such as asking for additional medical tests or more information. While some of these requests are legitimate, others are just stalling tactics. An experienced lawyer can help you identify which requests are necessary and which ones are simply meant to slow down your claim, ensuring your case moves forward as efficiently as possible.
Every trauma insurance policy is unique, and some policies are very specific about the types of conditions they cover. This may include certain types of cancers, heart attacks, or strokes.
For instance, your policy might only cover advanced stages of cancer, meaning you’ll need to provide clear medical proof that your diagnosis meets this criteria. If there’s any ambiguity in how your condition fits within the policy, it may take longer to gather the necessary evidence and get approval for your claim.
After you file your claim, the insurer may ask you to undergo rehab or other treatment. It’s important to know whether this is a fair request based on your policy. If you’re not sure, an experienced trauma insurance lawyer can take a look at your policy and help make sure you’re being treated fairly.
To speed up the process, we recommend having a specialist lawyer handle your trauma insurance claim. When claims aren’t prepared properly, insurers can delay them for years.
A lawyer can also challenge any unnecessary requests made by the insurer. In our experience, insurers often use these tactics to drag things out. We know exactly what you’re entitled to under your policy and will make sure your insurer doesn’t overstep its bounds. If delays continue, we’ll take action by sending official warnings and, if needed, referring the matter to the Tribunal or Ombudsman.
If you’re severely ill, chances are you’re in a difficult financial position — especially if you’ve got medical bills piling up or you’re unable to work. We understand how frustrating it can be waiting for your trauma insurance claim to be resolved. That’s why, throughout the process, we’ll keep you updated and do everything we can to speed things up.
In our experience, here are some reasons why your claim might be taking longer than expected:
Before you can lodge a trauma insurance claim, you typically need to serve a designated wait period. This is usually about 90 days but differs depending on your policy. Once this period is over, you can begin your claim.
Insurers often use delay tactics to discourage unrepresented claimants from pursuing their entitlements. Having a dedicated lawyer can help you overcome these tactics, ensuring your claim is processed more efficiently.
In some cases, there are ‘unexpected circumstances’ that can delay your claim. Insurers generally have 6 to 12 months to make a decision, but if something out of the ordinary causes a delay, your insurer must issue an ‘unexpected circumstances letter.’ This letter will explain the delay and outline the next steps. Your lawyer will guide you through this process and help you understand your rights.
Your insurer may request additional documentation to assess your claim, including:
Gathering these documents can sometimes delay your claim. Your lawyer can help speed things up by pushing back on unnecessary requests and sourcing the right paperwork faster from the relevant organisations.
Don’t accept a ‘no’ from your insurer. We offer a free second opinion and can help you challenge unfair decisions. With years of experience in overturning denied trauma insurance claims, we know how to fight for the outcome you deserve.
Strict time limits may apply to disputing insurer decisions, so reach out to our lawyers today.
Trauma insurance benefits are generally tax-free, so long as your policy is not held through your super fund.
If your policy is held through super, you may need to pay tax depending on how the payment is structured and who it’s paid out to. But rest assured, we’ll fully explain any tax obligations before starting work on your claim — so you’ll know exactly how much you can expect to take home.
Trauma insurance is different from health insurance in a few key ways. As we’ve discussed, trauma insurance provides a one-off, tax-free lump sum payment if you’re diagnosed with a particular condition, such as cancer, heart attack, or stroke.
In contrast, health insurance typically covers the ongoing costs of medical treatment, like hospital stays, doctor visits, and surgeries. While health insurance helps with treatment and recovery, it doesn’t provide a lump sum to help with the financial impact of a serious illness.
Yes, it’s possible to make multiple claims for the same condition. Your entitlements depend on factors like your location, injury severity, and how your condition affects your ability to work.
As part of our service, we’ll assess all potential claims you could make. In our experience, many of our clients with trauma insurance claims also qualify for additional claims. Often, these extra claims are worth significantly more than your trauma insurance benefit alone.
If your condition temporarily prevents you from working, you may be eligible for income protection benefits. These can include:
If your condition permanently prevents you from working, you may qualify for a Total and Permanent Disability (TPD) claim. Unlike income protection, TPD offers a one-time lump sum designed to support you for life. Many superannuation plans include TPD coverage, so you could already have this insurance without realising it.
If your condition occurred at work or is work-related, you could be eligible for a workers compensation claim. You’ll receive weekly payments to cover lost income (up to 95% of pre-condition earnings), along with medical and rehabilitation costs. If the condition is permanent, you may also qualify for an additional lump sum. Plus, if employer negligence caused your condition, you might be entitled to a much larger lump sum through a common law damages claim.
While you can make a claim on your own, it’s important to know that trauma insurance is a complex area of law. Without solid legal advice, you might not get the full benefits you’re entitled to.
A specialist lawyer can help with every part of your case, including:
Insurers often try to brush off unrepresented claimants, using tactics to reject or delay claims. A skilled insurance lawyer knows how to handle these tactics and get your claim moving faster.
Recently, courts have ruled that insurers can use their own experts to challenge evidence from claimants. For example, they might insist on using their own medical professionals for tests, rather than relying on the evidence from your doctors. In our experience, this often increases the likelihood of your claim being rejected. But don’t worry — your lawyer is there to challenge the insurer’s claims and ensure you have the strongest possible case.
Like any contract, your trauma insurance policy is open to interpretation. A lawyer experienced in insurance law will dig into the details and prepare your case to meet your policy’s specific definitions.
With our No Win No Fee guarantee, your initial consultation is free, and you don’t pay anything unless we win. We’ll even cover the upfront costs for medical assessments or expert reports, so you’re never a cent out of pocket.
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.
Insurance claims can be complex, and getting the compensation you deserve isn’t always as simple as making a claim. To secure your benefits fast — and in full — you need expert legal support.
Voted ‘Compensation Law Firm of the Year 2020’, we’ve got the experience to protect your entitlements and secure every dollar you’re owed. As part of our comprehensive service, we’ll also find your additional claims, including workers compensation, common law damages and Total and Permanent Disability. Often, these claims are worth significantly more than your trauma insurance benefit alone.
Speak to us today for free legal advice on your trauma insurance claim. Find out everything you’re entitled to and how to get maximum compensation for your condition.
We offer a free consultation to assess your case, explain your options, and answer your questions. It's fast, confidential, and obligation-free.