Superannuation and Life Insurance Claims
Your superannuation fund isn’t just for retirement: it’s also packed with additional benefits to support you and your family.
If injury, illness or a close family member's passing has left you unable to work, you could have a claim.

Specialist legal services we can help you with
Do I have a claim?
If a workplace injury has left you unable to work, you may have a claim.
You might’ve just been injured, or already had an insurer reject your claim. Whatever your circumstances, our superannuation team is here to help. We’ll find out exactly where you stand, free of charge.
Here is what an expert lawyer can do for you
Strong legal advice and representation can completely change the outcome of your case.
A good lawyer will:
- Identify your superfund insurance benefits — even those you may not know about
- Provide a free second opinion (if your insurer has already declined your claim)
- Investigate your policy to determine whether you have a claim
- Find your additional entitlements, including any Total and Permanent Disability, income protection, or life insurance claims
- Prepare your claim to ensure its success
- Advise you on the right strategy to progress your claim
Free Consultation
We offer a free initial consultation, in person or over the phone. Our lawyers investigate your policies, determine if you’re eligible for disability insurance, and estimate how much you’re likely to get.
No Win No Fee Guarantee
We offer a No Win, No Fee Guarantee. It’s free to start your claim, and you only pay us when we’re successful.
In 2021 alone, we secured over $51 million in superannuation insurance payouts for our clients.
Common Questions
Do I have a claim?
It’s likely you have a claim. You might not know where to start, or have already had your claim rejected by an insurance company. Whatever the case, our superannuation team will tell you exactly where you stand, free of charge.
A successful claim will not affect your hard-earned superannuation contributions. The payout you receive will be covered by a separate insurance policy.
TPD claims
If you have an illness or injury that permanently affects your ability to do your regular job, then you most likely have a Total and Permanent Disability (or TPD) claim.
TPD is a lump sum payment you can claim through your super fund or life insurance policy. This benefit is in addition to your superannuation contributions.
To make a successful TPD claim, you don’t have to be completely disabled or prove that anyone was at fault, just that you can no longer do your normal work.
Income Protection claims
If you can’t work because of an injury or illness, you may be eligible for income protection insurance. This provides you with a wage replacement until you’re able to work again.
You don’t have to prove that anyone was at fault, just that you can no longer do your job, are not working, and are receiving medical care.
Life insurance and death benefit claims
All superannuation funds offer death benefits in the event of a loved one’s death. If you are a spouse, child, nominated beneficiary, or were financially dependent on a loved one, you may be entitled to a lump sum benefit from their superannuation and insurance benefits.
How long will my claim take?
There are different factors that influence how long your claim will take, including your insurance company, the benefit amount, and the complexity. Some take as little as four weeks; most take between 6 to 9 months. Our team have developed procedures to fast-track your claim, so you get access to your valuable entitlements sooner.
During your free consultation, we’ll assess your exact situation and policy terms, and give you a more precise estimate.
Are there any time limits for making a claim?
Insurance claims have time limits, so it’s important to seek legal advice as soon as possible.
There is a two-year time limit to file a complaint in the Superannuation Complaints Tribunal. If an insurer rejects your claim, there is a six-year time limit to file court proceedings.
How much will it cost me?
We offer a No Win, No Fee guarantee, which means it costs you nothing if your claim is unsuccessful.
We will always let you know our fixed legal costs upfront, before we begin work on your claim. There are never any hidden or unexpected costs.
Our professional costs vary depending on the complexity of your claim, but they will never be disproportionate to the amount of your benefit.
What can be done if my claim is rejected (insurance disputes)?
If an insurance company has rejected your claim, we can provide a free second opinion on your prospects of challenging that decision.
Rest assured, there are ways to dispute their decision. Over the last two decades solicitors have a track record of successfully challenging and overturning thousands of claims.
To successfully dispute insurer decisions, our lawyers consider all dispute methods, including requests for internal review with the insurer and complaints to external complaint agencies, such as the Superannuation Complaints Tribunal or the Australian Financial Complaints Authority.
Strict time limits apply to disputing insurer decisions, so it’s important to get legal advice as soon as possible.
What if my illness or injury progresses over time?
It’s common for an illness or injury to change over time. Normally, this will not affect your ability to make a superannuation insurance claim.
As a general rule, your insurer will focus on whether or not you have reached maximum medical improvement—that is, if you are medically stable and have exhausted all medical treatment options for your illness or injury.
As part of your superannuation claim, it is vital to have medical support. We want to ensure that when you cease work due to an injury or illness, you have doctors who medically support this decision, and will confirm that you can no longer do your current job or any other job within your education, training and experience.
My insurance advisor left me without adequate cover—do I have a claim?
In order to pursue a claim through your superannuation, you must have held insurance cover at either the date you last worked, or the date you became no longer able to work due to illness or injury. Generally, the benefit you receive is paid according to that date.
In essence, this means if you were not insured at the time, you may not have a claim. However, there are still circumstances in which you may be entitled to a claim, and a specialist lawyer can help outline your options.
That’s where our free initial consult can help—we’ll investigate your insurance cover, determine whether or not you have a claim, and advise you on your options. While we don’t handle professional negligence claims against insurance or financial advisors, we will still investigate your policy to get you the best possible outcome.
If you’re underinsured, unclear about your level of cover, or just want advice on your situation, give us a call today.
Is my mental health condition covered?
Yes, you can claim for mental health conditions, also known as psychological injuries. While, in our experience, insurers can discriminate against claims based purely on psychological injury, we know the impact a mental health condition can have on your quality of life. In fact, many of the claims we handle are purely psychological or include a psychological element.
Is my psychological injury covered?
We are committed to helping claimants with psychological injuries get the compensation they deserve. Psychological injuries can include (but are not limited to):
- Anxiety
- Depression
- Psychotic disorders, including Post-Traumatic Stress Disorder (PTSD) and Schizophrenia
- Developmental disorders, including autism
- Degenerative conditions, including Alzheimer’s disease and dementia
Do I have a claim for psychological injury?
You likely have a claim if you:
- Ceased work because of your psychological condition
- Are unable to return to work due to psychological injury; and/or
- Receive regular treatment from a doctor, psychologist and/or a psychiatrist
It does not matter what the cause of your mental health condition was.
Proving psychological injury
While supporting documents from a psychologist or psychiatrist will aid your claim, we understand that the costs associated with visits to these medical professionals can be prohibitive. If you have ceased work due to psychological injury but have not yet seen a mental health professional, you may still have a claim.
It is important to note that there is a much greater subjective element in evaluating psychological injury, when compared to physical illness or injury. This means that your insurer will likely take more time to evaluate your claim. They may also require you to undertake extra medical assessments or provide additional expert reports. Unlike physical illness or injury, there is no strict test to determine the effect a psychological injury has had on a person’s life. Accordingly, and in our experience, insurers often rely on this when declining claims for psychological injuries.
While claims can be purely psychological, they can also be—and often are—a combination of physical illness or injury and psychological injury.
Our strong background in psychological injuries means we’ve achieved a successful outcome for over 95% of our clients making psychological claims.
Who pays my compensation?
When making a superannuation claim, many people are concerned their employer will be liable to pay their compensation. While your employer may have to provide a statement, they are not legally involved in the claim.
In the case of insurance and superannuation claims, it’s the insurer who will pay benefits. In some cases, this is through your private life insurer, superannuation fund, employer sickness and accident insurer, or even your mortgage and credit card insurers.
The benefit you receive corresponds to the date that you last worked or the date that you first became injured or ill (and therefore unable to work). The lump sum payment will be made into your super account and then, based on your specific payment instructions, released by the Funds Trustee.
Can I access my super account balance early?
When we think of superannuation, we usually think of an account balance paid upon retirement, or after reaching the designated age. However, in particular circumstances, you may successfully apply to release your super account balance earlier.
These circumstances can include, but are not limited to:
- Financial hardship
- Compassionate grounds
- Permanent incapacity
- Temporary incapacity
- Terminal illness
In addition, your super benefit can be released early if the money is required for:
- The cost of medical treatment (provided it is not commonly available in the public health system); or
- Medical transportation costs (required by either the fund member or their dependant); or
- Loan repayments (to prevent mortgage sale of property); or
- Special needs modifications to the home or transport of a severely disabled fund member (or dependant); or
- Palliative care or funeral expenses of a fund member or their dependant
A claim for early release of super funds is similar to a Total and Permanent Disability (TPD) claim, in that they are both assessed under similar criteria. Namely, that the claimant ceased work due to an injury or illness and, as a result of that injury or illness, is unable to return to any work that is within their education, training or experience.
In order to satisfy the criteria, the Fund’s Trustee requires sign off from two qualified medical practitioners, confirming that you are permanently incapacitated.
At Monaco Solicitors, we focus primarily on permanent incapacity and TPD. Our team are experts at helping clients gain early access to their super in situations where they can no longer work. If you are unable to work due to permanent incapacity or TPD, or you’re unsure of whether your injury or illness qualifies, get in touch today.
For more information on the early release of super funds, head to the ATO online guide.
Hear what it's like to work with our firm
98% Success Rate
We have one of the highest success rates in the industry. This doesn’t just happen. It’s our hard, diligent work that gets results. We leave nothing to chance in preparing your claim, so you get the result you deserve.
Award-Winning Lawyers
We are leaders in superannuation law. In 2020, we were “Superannuation Law Firm of the Year” (GMB Awards).
Superannuation Law Specialists
Our dedicated superannuation team is headed by Law Society Accredited Specialists. No matter how complex your claim, we have the expertise to handle it successfully.
Unlock All Your Entitlements
You may have other valuable benefits on top of your superannuation claim. We investigate all your legal options, often recovering additional benefits.
4.9 Star Google Rating
Don’t just take our word for it – look at independent Google reviews from our clients. In fact, we have the highest Google rating in the industry.
34 Offices Australia Wide
With offices all over Australia, we can help you wherever you are. Alternatively, we can organise video conferencing, or come to you in person.
Fast-Tracked Claims
Our streamlined procedures mean we lodge your claim quickly, so you can access your valuable benefits sooner.
Millions won for our clients
Here are some examples of our firm’s recent wins
Work with our award winning team




















Find out where you stand Free of charge
Call us
Our friendly lawyers are available to talk Monday to Friday, 8:30am – 5:30pm AEST.
Live chat
Let us contact you
Janette’s Story
Hear Janette speak about her story and how we figured out a way to help her.

Thank You