What happens if you can’t work due to injury or illness? You may be eligible to access entitlements under an insurance policy, either previously arranged by you or through your employee superannuation. It is not necessary to prove that your injury or illness was caused by someone else or that it was work-related. Foye Legal can help you understand your options.
You may be eligible to access entitlements under an insurance policy. It is not necessary to prove that your injury or illness was caused by someone else or that it was work related.
At Foye Legal our team has the expertise and dedication you need to achieve a successful outcome.
The insurance coverage in question may entitle you to:
To make an insurance claim, there are different requirements depending upon the nature of the claim and the relevant insurance policy.
If you are not sure whether you have insurance coverage under your superannuation, we can ascertain this information for you.
When you are injured or ill and unable to work or enjoy your usual daily activities, you may have insurance coverage that you are not aware of through your superannuation. If you are the dependent of a deceased loved one, you or the deceased’s estate may also be entitled to claim on TPD insurance via a post mortem or after death claim. To receive TPD, you will need to show that the injury or illness has prevented you from being able to work and perform your usual duties.
If you temporarily cannot work because of a disability, injury or illness, you may be able to claim Total and Temporary Disablement (TTD) benefits. Salary continuance or income protection benefits can also provide financial support if you are unable to work.
Income Protection Insurance provides financial support if you’re unable to work due to illness or injury, typically offering up to 75% of your regular income during your recovery.
Due to the variances in policy and policy providers it is crucial that you understand your specific coverage details.
Trauma Insurance also known as Critical Illness Insurance provides a lump-sum payment upon the diagnosis of specific serious medical conditions, such as but not limited to cancer, heart attack or stroke. This financial support can assist with medical costs associated with the illness, rehabilitation costs, and other financial obligations.
Death benefits provide financial support to next of kin, dependants of the deceased or person or persons that are stipulated in a Will.
Benefits can arise from various sources, including superannuation, life insurance policies, or part of a workers’ compensation scheme. The amount payable varies and is based on many factors.
When a loved one passes away, the hardship following their death is often compounded if they were a source of income for their dependents.
What is life insurance or death benefit cover?
All super funds in Australia offer benefits in the event of a loved one’s death. If you were a spouse, child, legal personal representative or financially dependent on someone who has passed away, you may be entitled to their super contributions and connected insurance benefits. These benefits are designed to ease the burden of financial stresses at this difficult time.
There are a number of different types of disputes that may arise from a superannuation, disability or insurance claim.
These may include:
When you’re down, you need the right people on your side to help you stand back up. If you’re claiming compensation for an injury, Foye Legal are ready and willing to fight for your rights and make sure you get everything you deserve.
Seeking legal assistance early gives you control over your situation, helping you avoid complications and manage costs effectively. This guide provides practical tips, checklists, and key insights to help you confidently navigate legal processes to secure the best possible outcome.
Your first consultation is vital in safeguarding your interests and laying the foundation for the best possible outcome. At Foye Legal, we value the trust you place in us and are committed to providing clarity, strategy and unwavering support from day one.
& Permanent Disability
To claim for TPD you must have medical evidence proving that you meet the criteria. Doctors and other medical practitioners need to be carefully briefed about the definition involved and how the definition should to be interpreted. Other evidence you may need include education, training and experience. You will need to show why you cannot perform any other past jobs that you have done previously that might be considered suitable.
Example: you may be physically and medically capable of working in an office-based role; however do you also have the ability and experience to obtain a job that is suitable to you?
Other factors that may need to be considered are whether there is employment available where you live and if there are any other barriers that could be stopping you from getting a job. Whilst you might be able to get a job, are you able to hold onto employment on an ongoing basis due to the injury or illness? If the answer is No, then you may still be entitled to claim for TPD.
To claim income protection you will need to provide medical evidence that your illness or disability has stopped you from working or earning an income. Your disability does not need to be caused by work.
Income protection benefits are only paid for a defined period, usually between 2 to 5 years. Depending on your coverage, there may be some policies that will pay benefits up to age 65 or older. The policy will generally pay a percentage, commonly 75%, of your usual wage or salary.
This, of course, varies from case to case, so it is important that you enlist the help of a legal professional to determine your correct entitlements.
You may also be able to claim even if you can perform a different job to your usual occupation, and it is costing you money.
For example if you are only able to work part-time, and you were employed as a full-time employee prior to the disability, injury or illness, you may be able to claim the difference.
It is recommended that you act to retrieve these benefits as quickly as possible, with the help of a qualified solicitor, to ensure the super fund pays all relevant entitlements.
It is possible for super fund members to nominate the beneficiary to whom a payment should be made. This can be done in a binding or non-binding way. A binding nomination must be followed by the super fund provided the nomination remains current and valid at the time of death.
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3/1 MEMORIAL DRIVE SHELLHARBOUR CITY NSW 2529
LEVEL 3, 63 MARKET STREET WOLLONGONG NSW 2500
contact us to make an appointment
3/1 MEMORIAL DRIVE SHELLHARBOUR CITY NSW 2529
LEVEL 3, 63 MARKET STREET WOLLONGONG NSW 2500
contact us to make an appointment
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