Help with Superannuation Claims – Your legal rights.

Unable to work due to an illness, injury or disability and need help with a Superannuation claim?


Paul Boylan

Paul Boylan

Senior Partner

Sebastian Hill

Sebastian Hill


Samantha Kelly

Samantha Kelly


Superannuation Claims & Legal Help FAQs

What are the types of Superannuation claims I may be entitled to?

  • Unpaid Superannuation
  • Early access to your Superannuation
  • Total & Permanent Disability (TPD) Benefits
  • Income Protection Benefits
  • Terminal Illness Benefits
  • Death Benefits


Can I claim my Superannuation early due to illness, injury or disability?

Yes. Superannuation is accessible once you have reached retirement age, however you may also be able to access your Superannuation under some special circumstances, including when you are unable to work due to an injury, illness or disability. Your injury, illness or disability does not have to be work-related to qualify for an early claim.

If you’re unable to work due to an illness, injury or disability, you may be able to claim a lump sum insurance payout from your Superannuation Fund. You may also be entitled to access your Superannuation account balance.

What are my Superannuation entitlements?

Our Superannuation claims lawyers can check your policy to make sure you are covered. We can help you obtain Total and Permanent Disability (TPD) benefits, Income Protection benefits,  Terminal Illness benefits, and Death Benefits.

If you’ve had a Superannuation insurance claim rejected, your benefits were not paid in full, or if you’re having problems with your insurer, please contact us.

What do I need to know about Total and Permanent Disability (TPD) claims?

Most workers are covered for Total and Permanent Disability (TPD) insurance through the Superannuation Fund contributions made by their employer. 

You may also have TPD insurance cover under a life insurance policy provided by your employer as part of your EBA or Employment contract, via a union, from your financial institution or bank, or as arranged by your financial advisor.

Exclusion or eligibility clauses, detailed in an insurance policy’s small print, can affect your right to make a claim, and insurance companies often use this small print to deny claims.

Our lawyers have a great deal of experience working out the fine print in insurance policies, and will work to get your full entitlements—if you’d like to file a TPD claim, we’re here to help.

Am I eligible to make a TPD compensation claim?

You’re eligible for a TPD compensation claim if you can show you’re unable to do your normal job or any other work related to your training and experience. This doesn’t mean you’re unfit for all work—it means you’re unable to do the work fitting your area of skills and expertise.

For example, if having a bad back stops you from working in your normal construction job, you can usually make a TPD claim—even if your doctor says you’re fit for another kind of employment, such as office work.

What if I am temporarily (not permanently) disabled?

If you’re unable to do your normal job for a while, whether for two months or two years, you may qualify for Income Protection monthly payments.

IP payments are usually up to 75% of your normal income, and are payable for two years, or up to the age of 65. However, a waiting period of 30 to 90 days applies before you can start receiving these payments.

IP payments may be offset against any workers compensation, motor vehicle injury compensation or Centrelink payments you receive, and may stop if your employment is terminated or if you receive a TPD insurance payment. Each person’s situation is different.

What do I need to know about my Superannuation Fund Death Benefits?

All Superannuation Funds have Death Benefit payments, which are usually made up of contributions as well as any insurance benefits attached to the policy.

Superannuation Fund Death Benefits are paid to a surviving partner, children or dependants, or to the deceased’s Estate. The Super Fund Trustee will decide how the payment is distributed, but some funds have existing and binding nominations.

It is also possible for the policy holder themselves to claim, if they have been diagnosed as terminally ill.

How do I claim Superannuation Fund Death Benefits?

When a member of a Superannuation Fund dies, the Fund must pay the deceased’s Death Benefit, including an insured lump sum, to the appropriate person. If you were a nominated beneficiary, were dependent on the deceased, or were otherwise in a close personal relationship, you are likely to have a claim for payment.

Death Benefit Insurance comes with all regulated Superannuation schemes, and is available to relieve financial hardship in already troublesome times.

We can examine whether you are entitled to Death Benefits, and ensure you receive your full entitlements from the deceased’s Superannuation Fund. Once you have contacted our legal team, they will lead you through the entire process.