Income Protection Insurance Claims Lawyers

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Who can make an income protection claim?

You can make a claim for income protection if you've suffered an injury or illness that is holding you back from earning income from your regular job. Income protection claims are also known as Total and Temporary Disability (TTD) or salary continuance claims.

What illness does income protection insurance cover?

The injury or illness you are making an income protection claim for doesn't have to be work related and can include conditions such as:

heart attack
cancer
injuries sustained at home,
sports injuries
car accident injuries
chronic illnesses

Or psychological conditions such as:

anxiety
depression
PTSD
bipolar disorder
schizophrenia and other psychotic disorders

These injuries and more can be reasons for your income protection claim.

Income protection insurance can provide you with financial support during this stressful time. Our experienced income protection lawyers are here to ensure you receive everything you're entitled to.

It’s also important to know that if your injury or illness is likely to prevent you from permanently returning to your normal work duties (rather than just temporarily), you may also be eligible to make a claim for a Total and Permanent Disability (TPD) lump sum.

Our experienced income protection lawyers can help you understand which type of claim will give you the best result for your situation.

You may be covered for income protection insurance:

through your superannuation fund membership
under a private insurance policy
through your employer or memberships you hold with unions and other organisations
through loan insurance including cover attached to your mortgage or credit card.

Always be wary of tricky exclusion and eligibility clauses in the income protection insurance policy's small print that can be used to deny your claim. Our specialist income protection lawyers will help you understand the fine print in your insurance policy and work with you to ensure you get every dollar and benefit that you’re entitled to.

Are there time limits for making an income protection claim?

There are time limits that apply to income protection insurance claims, so it's best to start your claim process as soon as possible. Some exceptions may apply if you make a claim long after you were injured. The best way to ensure your claim is successful is to seek expert legal advice from an experienced income protection lawyer as soon as possible following your injury or illness.

What will my income protection claim cover?

Generally speaking, income protection insurance covers you for about 75% of the salary you were receiving before you were injured or fell ill. It may also top up your superannuation contributions.

There will likely be a 30 to 90 day waiting period before you can start receiving monthly payments from your income protection cover.

Terms and conditions
Duty of disclosure
'Disability' defined

Terms and conditions

There are some key terms and conditions that will affect your income protection payout, including:

Whether you've returned to work on a limited basis with reduced earnings, in which case you may be entitled to a partial benefit or ‘top up’
Whether you're receiving other income replacement payments such as workers' compensation weekly payments, sick leave or Centrelink
Whether you've reached retirement age
Whether your employment has been terminated
Whether you're eligible to claim or have been paid a TPD insurance benefit.

Following a successful income protection claim, you'll receive income protection payouts until the end of the benefit period. This period depends on your policy terms. Usually two years or to age 65 or until you're able to return to work (whichever is earlier).

Many income protection insurance policies also require that you:

Cease work ‘solely’ due to your injury or illness which can be a contested fact, especially where the employer formally terminated employment on some other ground such as redundancy or performance
Be under the care and treatment of a registered medical practitioner.

We're experts at anticipating these issues during the claim process and overturning claim denials.

Duty of disclosure

Under some income protection insurance policies you must tell your insurer about any pre-existing health problems or other relevant information it asks for in your application. You also have to truthfully answer any questions they ask you. Otherwise your insurer might try to avoid paying out your income protection claim - but often with our help we can make sure you receive your full policy entitlements.

'Disability' defined

It depends on the policy wording but ‘disability’ in income protection usually means you are unfit to do some or all of the duties of your regular job.

Need our help?

You may be entitled to a range of benefits or insurance through your super.

Use our free online claim check to start your assessment.

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No win, no fee* income protection claims

Our 'no win, no fee*' policy means that if we don't win, you don't have to pay our legal fees.

Learn more

Use our free online claim check tool and find out in minutes if you have a claim through your super.

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Process for making a claim

Contact us as soon as you think you have an income protection claim. Our income protection lawyers will work with your super fund/s to determine your eligibility and the size of your claim.

We'll keep you informed throughout the whole income protection claim process and provide you with expert advice that is easy to understand.

Call 1800 196 050

01

We request all the documentation you need from your super fund or insurer.

02

We'll help you complete all the documentation and submit your income protection insurance claim.

03

Your income protection insurance claim is assessed and your insurer makes a decision.

'It was very frustrating time and I just didn't know where to turn. So, to go to Maurice Blackburn, and say, ‘you do it’. It was fantastic.'

Robert's story

Superannuation - TPD claims

Get in touch

Robert's story - Superannuation claims

I loved being a carpenter. Artsy, built houses for people. I loved working, love working, swinging the hammer. I loved doing it, loved it. I started dropping tools, thought what's wrong with me.

Noticed that Robbie was dropping things, slurring his speech, just a little bit wobbly on his legs.

After that, me sentences were so, so weird and changed. Wow, what's wrong what's with me? What's wrong, what's wrong, dammit?

Got him to a neurologist and found out that he had MS and he’d had a major attack. And so our journey began.

It was a shock. We didn't know what MS was.

You've got MS mate, you've got MS. Wow, really? MS? Wow. How long is that? Do I have to take aspirins? No mate, no aspirins. MS is a mysterious disease. Sorry, there’s nothing. No cure for it.

Robbie had three superannuations. I had spent nearly two years contacting all these superannuation funds. Not one of them mentioned that attached to his superannuation there was a TPD, so it was very, very frustrating time. I just didn't know where to turn. So, to go to Maurice Blackburn, and dump everything in their lap and say, ‘you do it’. It was fantastic. Every step of the way, they contacted us, they phoned us, they sent us letters. They even phoned up to see how Robbie was.

People often don't know what entitlements that they may have, or benefits that they may have, to this insurance. There's no doubt though that when people come to us after trying to start the process themselves, we can quickly cut through what they're dealing with. The funds and the insurers know that we will keep going and keep going and make sure that our clients get the benefit that they're entitled to access.

We had one lawyer, her name's Tianne, and week before Christmas she phoned us up and she said I want to talk to you and Robbie. And she said we won it. We persevered and we got it. Even now, I got the tingles even just thinking about it. And Robbie just burst into tears.

I would sing it from the rooftop, Maurice Blackburn. I really would. I'm smiling now because I'm sitting in a room here that Maurice Blackburn doesn't realise, but because of what they did, it's done a room out for Robbie that it's made it easy for him to come in and out. It's wheelchair compatible.

If we didn't have that money, it wouldn't happen. One of the big things instantly it did for Robbie, it gave him some pride back in who he was. It actually made him feel that he can contribute. It was just lovely.

Without Maurice Blackburn nothing would happen. They took the stress away which was a major thing for me because I had a bad problem with stress and stress is bad.

We're here to help when you need us most.

Call us on 1800 196 050, or leave us a message below to request a call back and one of our team will be in touch as soon as we can.

Call 1800 196 050

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We have lawyers who specialise in a range of legal claims who travel to Australian Capital Territory. If you need a lawyer in Canberra or elsewhere in Australian Capital Territory, please call us on 1800 675 346.

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We have lawyers who specialise in a range of legal claims who travel to Tasmania. If you need a lawyer in Hobart, Launceston or elsewhere in Tasmania, please call us on 1800 675 346.

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Find out if you have a claim with our free claim check

Who can make an income protection claim?

What illness does income protection insurance cover?

Are there time limits for making an income protection claim?