Injured and need help? Lawyers are super in superannuation claims

Injured and need help? Lawyers are super in superannuation claims

The last thing you want to do when you’re injured or ill is battle it out with a superannuation provider for financial support.

Many superannuation customers are unaware that the annual fees they pay may include several types of insurance, namely:

  • Income protection cover, which pays you an income stream for a set period if you are unable to work due to injury or illness;
  • Total and permanent disability cover, which pays you a benefit if you are seriously disabled and are unable to work again; and
  • Death cover (or life insurance) where your beneficiaries receive a financial benefit when you die.
TPD Claims

Knowing what entitlements you or your loved ones are owed under superannuation cover can make the difference in your family being financially secure. If you are unsure what you are entitled to, or if you have been rejected for any superannuation based claim already, you should seek legal advice.

It’s Tricky for a Reason

Remember, your insurers make more money when you pay premiums but make no successful claims. For this reason, the superannuation claim process is arduous and loopholes are often relied on by companies to deny claims.

Though the process for claiming superannuation benefits is reportedly designed for customers to manage their own claims, the requirements put in place by superannuation companies are often unnecessarily complex. It’s easy to be buried in paperwork when each claim form is between 20 and 30 pages long, and there is little internal support available for claimants who have been neglected by claim assessors.

Superannuation providers are not fast in approving submitted claims, and in our experience have at times simply rejected an entire claim for containing small errors rather than communicating with clients to fix the issues. At Websters Lawyers we are highly experienced in completing complex claims for our clients without error, saving you the headache of tricky fine print and avoiding unnecessary delays in getting you the money you need.

Pitfalls of Claim Requirements

Whilst it is reasonable that superannuation providers may require claimants to validate their claims, the processes for such validation can venture into the realm of the irrational.

Providers have been known to send claimants to doctors who specialise in areas not specific to their claimant’s injuries, or to ‘doctor shop’ and send a claimant to two of the same kind of doctor and cherry-pick the report which least supports a benefit claim.

It is also not uncommon for claimants to be placed under surveillance by superannuation and insurance providers in an attempt to gain evidence that the claimant is less injured than they have previously described.  The problem is that many times the activities reported on are taken out of context and aren’t the ‘smoking gun’ that the insurers think.

Getting legal advice at the beginning of your claim can help you become aware of such pitfalls.  Having a lawyer handle your claim can also help dissuade providers from making unreasonable validation requests of you, helping you avoid stress and weaknesses in your claim.

Competing Interests

When no beneficiary is specifically named in a person’s death cover insurance benefits, their loved ones can find themselves embroiled in a dispute for life insurance. We highly recommend that you seek advice from a lawyer as soon as is practicable in such matters, as you will likely be called on to complete an application for these benefits very quickly and to supply supporting statements. A lawyer’s support can prove to be invaluable when your claim is the first to be processed and your statements are drawn in a concise legal manner.

A Provider’s Initial Rejection Is Not Final

If you have already independently submitted a claim to a superannuation or insurance provider and have been knocked back, come speak to one of our solicitors.

Claims are often rejected due to small errors that can be identified and remedied by a practiced lawyer. You may also dispute the rejection decision if you disagree with the findings, and ask that a different claims assessor be assigned to your matter. It is vital that you seek legal support in these instances, as a lawyer may be able to identify mistakes of law and fact which a claims assessor may overlook or be not be aware.

Supporting You Through Litigation

Though most of the superannuation and insurance claims we complete are approved and paid out to our clients without litigation, it is occasionally necessary to take litigious steps get a fair outcome. When you have exhausted the avenues available to you through the provider itself, we can advise and assist you through the next steps, which might involve making a complaint to the Superannuation Complaints Tribunal initially, or taking the case to Court.

Though litigating a claim can seem unnerving, our experienced barristers and solicitors are able to guide you step by step through the court process and keep you fully informed as to your prospects of success and what will be required of you.

Time to Make a Claim

If you are unsure as to what superannuation benefits you are entitled to, wish to make a claim for superannuation entitlements and/or have been rejected already for a claim, it’s time to call the personal injury and estates teams at Websters Lawyers. Contact us today for a free first interview.

For more information about Superannuation and TPD claims click here.

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Having such a short time frame I was very impressed with the outcome made by [my solicitor]. Excellent and timely manner

Sebastian

Kurralta Park

Very professional mannerism and overall great outcome was delivered by Websters Lawyers.

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West Ryde NSW

Helpful, explained fully, patient, excellent service.

Kerry

Ridgehaven

Patient and helpful in explaining the process.

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Ridgehaven

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Magill

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Highbury

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Upper Hermitage

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Jeffrey

Brompton

Thank you for all your work over the course of the case. You [both] were always very approachable and I appreciated your understanding and professionalism in all areas.

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Christie Downs

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Seacombe Gardens

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Ridgehaven

Practical and very helpful. Reasons and explanations given where needed

John

Ridgehaven

I stumbled across Websters in the Yellow Pages and I rang, explained my situation and immediately they took my case on. Greatly appreciate their services.

Diane 

Ridgehaven

The service from Websters Lawyers was outstanding. [My solicitor] was caring, had patience and was very professional. Wonderful personality.

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Yorketown

[My solicitor] made everything so simple to understand. [The receptionist] was wicked too, would recommend them anytime. Level of entire service was outstanding.

Craig

Golden Grove

 

I had dealings with Websters over 20 years ago. They were my first choice when I recently needed legal advice. Both legal and office staff were professional, courteous and accessible at all times. Everything was explained up front in a clear and concise manner. I would not hesitate to recommend their services.

Rod

Dernancourt

It has truly been a pleasure communicating with you throughout the process. I really appreciate your patient and speedy replies to my questions and requests. You were always able to provide an easily understood response and this helped me deal with the process. Your friendly and positive manner encouraged me to seek your advice.

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Battery Hill QLD

[My lawyer's] service was prompt and efficient with all questions explained clearly with all our requests carried out within the laws. Overall service was very satisfactory.

John

Wynn Vale

[My lawyer] was excellent. 

Gordon

Glengowrie

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Phillip

Ingle Farm

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Janet

Adelaide

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Greenwith

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Greenwith

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Largs North

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Ethel

Smithfield

This was a new experience for us and didn’t have a clue what to do. [Our solicitor] on our first visit put us at ease, explained what will happen, pointed out there was a strong case. [Our solicitor] was genuine in her approach, kept us well informed, explained actions several times with patience and understanding. Overall very happy with the service we received.

Stephen

Elizabeth Vale

[My lawyer] was very reassuring in her approach to my case. I felt that every possibility in terms of evidence to provide and possible outcomes were explained to me, The result of the case was the best possible outcome I could have expected.

David, Belair

 

With no previous dealing with the criminal justice system, [our solicitor] gave us excellent advice and guided us through a nightmare to achieve a just and correct outcome. [Our lawyer] was both forthright and compassionate in her handling of our case.

Malcolm, Belair

[My lawyer] explained all the legal terms in language I could understand – she was very easy to talk to.

Cameron, Munno Para

I felt confident knowing my matter was in good hands. Very professional!

Shravan, Christie Downs

Initial phone call was fantastic and the role of an executor was fully explained.

Penny, Henley Beach

The service I received was efficient and promptly finalised. The solicitor clearly explained the details and I was happy with how easy it was.

Dale, Fairview Park

[My lawyer] was exactly the lawyer I needed in a serious matter. The outcome was as predicted which was a fantastic result. I received prompt professional and personal service at all times. Capable and supportive in a very stressful period.

Jason, Munno Para West

I had any of my concerns answered to my satisfaction and understanding.

Valda, Ingle Farm

[My lawyer] is an excellent professional lawyer who assisted in achieving a great positive outcome/result. I sincerely thank you and your great staff for your assistance and guidance throughout my claim. Would highly recommend [my lawyer], staff and Websters Lawyers. Kept fully informed and guided, professionally throughout the matter.

Rena, Northgate

Our work was dealt with very efficiently and speedily. Our lawyer was very professional, at the same time as being approachable. Communication was great.

Christina, Highbury

My experience with Websters Lawyers was far beyond what I expected. From the moment I spoke to [my lawyer] she made me feel very comfortable and eased my stress. In my case I had a court appearance the day before we were scheduled to fly to Spain, Considering my first appointment with her was only 2 weeks before the court hearing, she was able to obtain the police statement and thoroughly work on my case within that limited time frame. She was very knowledgeable, understanding and confident which greatly relieved so much pressure from me and my family. At court, she explained everything thoroughly and advised me of all the possible outcomes. Price, service and result, very highly recommended. Thank you Websters Lawyers.

Rafael, Davoren Park

I have high expectations and they were met. Websters service was swift, courteous, professional and met the agreed budget. I will recommend Websters to my family, friends and colleagues. Thank you.

Peter, Forestville

I would recommend Websters Lawyers, especially for [my lawyer's] dedication and exemplary attitude and advice. She is the epitome of a good lawyer. The service was impeccable.

Pamela, West Lakes

[My lawyer] was very professional and I was made comfortable to understand.

Gregory, Penfield

I was very pleased with the end result and how well [my lawyer] conducted herself.

Sonya, Glanville

Very professional.

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Peter, Parkside

My experience at Websters was very positive. The stress was taken from me and I could not be happier with the outcome. [My lawyer] at Websters was professional, personable, available and caring. Thank you for making the experience stress free.

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Lee, Evanston Park

 

Top bunch of solicitors and admin staff. Very friendly and to the point service.

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We would not hesitate in recommending Websters for any legal matter. They are professional and courteous at all times and call back when they say they will.

David and Dianne, Lockleys

 

I fully recommend Websters Lawyers. This was the 3rd time myself & my family have used Websters Lawyers. In these stressful times we have found them to answer and guide us through the process needed to accomplish the legal requirements in a timely and courteous manner.

Dianne, Lynton

Solid, to the point, no hustle. Highly recommend.

George, Windsor Gardens

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