When we enter the workforce following school, trade school, or university, we immediately start contributing to our superannuation fund. Commonly referred to as our ‘nest-egg’, superannuation is a lump sum of money that pays for our retirement. As we inevitably edge closer to retirement age, we all want our nest egg to be as large as possible so that we can enjoy a comfortable and well-deserved rest.
Unfortunately, the trajectory towards those restful days doesn’t always go according to plan. Unexpected life events happen, such as accidents and injuries, which require you to access some of your nest egg early. If you find yourself unable to work due to illness or injury, you may be in a position to claim a lump sum due to total and permanent disability (TPD). Under your superannuation fund, you may also have a case for worker’s compensation available.
Many of those who’ve experienced personal injury aren’t actually aware of their entitlement to pursue a TPD claim under their superannuation fund, nor that such a claim can be pursued in addition to any other legal rights that may be available to the claimant. Although, the definition of TPD does vary a little from fund to fund, essentially, it needs to be established that the person is unlikely to ever return to any employment for which they are reasonably suited, taking into account their education, training, and experience.
The thing is, dealing with superannuation or insurance companies is neither easy nor straightforward. In fact, insurers will often attempt to decline a claim on the grounds that the claimant has transferable skills for alternative employment. Thankfully, the courts have held there must be a link between the proposed future occupation and the claimant’s vocational history. Accordingly, it is the duty of a fund trustee to act in good faith and to reach a fair and reasonable decision based on all relevant information.
We have all heard horror stories about people who haven’t received what they deserve due to either mistakes in presenting their case or missing information – granted, this area of the law can be complex and challenging to understand. This is why obtaining the best legal advice is so imperative. Our Managing Partner, Ray McClenahan is an accredited specialist in superannuation and disability claims and our firm has been achieving successful claims since 1905. So, if you or someone you know is unable to work due to illness or has suffered an accident at work, get in touch with us today. We’re here for you.
