Superannuation
& Disability Claims

There are many different types of insurance related claims available if you are unable to work due to injury or illness. Unfortunately, it can be hard to know where to start. It is for this reason, that MCL offers an Initial Free Consultation with our superannuation and insurance legal experts to determine your rights and ability to make a claim up front.

During your Free Initial Consultation, our lawyers will identify which types of insurance benefits you may be entitled to. These include:

Total and Permanent Disability (TPD)

The TPD benefit is payable in the circumstances where a person becomes seriously ill or suffers a substantial injury which affects his or her ability to return to work. Click to read more about Income Protection claims.

Income Protection (also known as Salary Continuance or Total and Temporary Disablement)

If you are unable to work because of an injury or illness, you may be able to claim salary continuance or income protection benefits to act as a wage replacement.
Contact us today to speak to one of our expert solicitors who will let you know if you have a claim for Income Protection.

Life Insurance and Death Benefits Claims

You may be entitled to a lump sum benefit from a loved one's super contributions and insurance benefits. Click to read moreabout life insurance and death benefit claims

If you are a member of a superannuation fund, most provide disability insurance cover to their members. Therefore, the first place to check is to review your superannuation funds' quarterly statements.

You may have your own life insurance policy, disability insurance or mortgage insurance. All of these often result in substantial insurance coverage in the event of disability.

Our Lawyers are experts and can help you find out if you have any disability insurance available, so contact us today.

The requirements for making a claim vary according to the type of claim you are making.

• TPD claims: It depends on your policy, but generally you need to show that you cannot work in your job, and cannot do similar jobs for which you have training and experience. You don't have to show that someone else was at fault.
• Income Protection claims: Like TPD Claims, you don't have to show that someone else was at fault. It will depend on your policy, but generally you need to demonstrate that you have lost capacity to do your job, that you are not working and earning a wage and that you are receiving medical care.
• Life Insurance and Death Benefit claims: you need to demonstrate a close or interdependant relationship to the deceased. Superannuation is generally not included as a part of an estate, so normally does not have to follow the directions of a will.

In our experience, superannuation funds and insurance companies are often not forthcoming with self-represented claimants. We suggest that you contact one of our legal experts for a free consultation to discuss your rights.

This will depend on the insurer, the benefit amount and the complexities of the claim, but we have had some of our TPD claims accepted in less than 2 weeks!
Generally, TPD claims take between 6 - 12 months. At MCL, our specialist lawyers have developed procedures which allow most claims to be fast tracked.

If the insurer has rejected your claim, there are ways to dispute their decision. However, it is not a straightforward process.

The Courts have determined that they may not at times have the power to overturn an insurer’s decision. This means if a TPD or Superannuation claim is declined it may be final. The only way the Courts have the power to overturn an insurer’s decision is to prove that the insurer has been unreasonable and that they have breached their duties to the claimant. This makes rejected claims quite complex.

Our team has experience working on the otherside of matters for insurers and superannuation funds and know the rules of when an insurer has breached their duties.

Over the years, MCL has established a track record of successfully challenging and overturning unfair determinations made by super funds and insurance companies. Our lawyers are experts and can help you appeal any unfair decision, so contact us today.

Many people who make superannuation and insurance claims are in a difficult financial position. It is for these reasons, that MCL has developed a special payment option for our insurance/superannuation clients. This option involves:

• ‘No Win No Fee Guarantee;’
• Free advice at your initial consultation;
• No charge for any expenses;
• Fixed fee on most superannuation and insurance claims.

MCL is one of the leading superannuation and insurance claim law firms in Australia. Our lawyers are experts at working out the fine print in insurance policies. We can provide you with clear advice and undertake a free super claims check.

We also have the financial muscle and specialised knowledge to take on the big insurance companies and help you regain control of your life when you need it most.

At MCL you will have your own expert lawyer, who will always be available to answer your questions.  Click here to find out more about our No Win No Fee Guarantee.

To find out more about MCL and how we can help you, click the following links:

• Read about MCL in 'About Us'
• Hear from some of our clients
• History of MCL
• Read about the expertise of our lawyers