Our team of accredited specialist lawyers at Garling & Co have decades of experience in all areas of NSW Personal Injury Law.
In order to determine if you have insurer benefits attached to your superannuation fund, you can start by checking your superannuation fund statement, which should provide a summary of benefits you hold with them and a rough estimate of the current amount of insurance available.
In order to access such a benefit, you will be required to make a claim against your fund and you will have to meet certain eligibility criteria along with a definition that applies to your particular situation.
That definition will specifically indicate what conditions you need, to be considered totally and permanently disabled. Generally to do so, you will be unfit for all work in which you are educated and trained. Alternatively, you may be assessed to be “TPD” on the basis that you cannot perform a number of activities of daily living, such as showering, dressing and toileting or are unable to perform domestic chores you performed prior to the injury or illness.
A TPD claim is best considered by reviewing the policy enforceable at the time of disablement and then to prepare the necessary claim forms and evidence which includes obtaining supportive medical evidence to prove your permanent incapacity.
Any total and permanent disablement benefit is paid as a lump sum, and it is either approved or rejected by the Insurer. The amount payable accordingly to the date of disablement.
Receiving a total and permanent disablement benefit does not affect any other rights to compensation that you may have however, it does usually end your ongoing insurance with the fund.
Some funds, upon approval of a successful TPD claim, may allow you to access your employer contributions from the fund which may require further evidence in support.
We recommend checking your superannuation statements to see if there is any mention of total and permanent disablement benefits and if so, we recommend a suitably experienced superannuation lawyer to assist with your claim.