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Superannuation lawyers

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Who can make a superannuation claim? 

You may have a superannuation or insurance claim if you suffer an injury or illness that has prevented you from working for three months and: 

  • Your employer was paying compulsory superannuation; 

  • You had private income protection or disability insurance; 

  • A person that you are dependent on, like your partner or parent, has died and you wish to claim death benefits from the deceased’s superannuation or insurance. 

We specialise in disability insurance and superannuation claims, and can help you with: 

Your eligibility to make a superannuation claim will depend on the requirements laid out in your specific policy, as decided by the insurer or super fund in question. 

Criteria vary from insurer to insurer, but some common requirements for making a claim include: 

  1. Your super policy - Whether cover for your injury or illness is included in your superannuation policy. 

  2. Waiting periods - Before lodging a claim, most policies will require a waiting period after the date you sustained illness or injury. This allows for all injuries and symptoms to stabilise so the full extent of damage can be determined. 

  3. Employment history - Some policies require you to satisfy a minimum level of employment before you are eligible to seek a payout.

What can I claim for?

Your superannuation and disability insurance entitlements will depend on your specific superannuation fund and the impact your injury or illness has on your life and ability to work. 

In general, you may be able to access: 

  • A lump sum payment or recurring payment 

  • If you were a spouse, child, or any other dependent of a loved one who pass away, you may be entitled to connected insurance benefits and all or part of their super contributions

How long will it take?

Timeframes will depend on the complexity of your case and the type of insurance you are seeking to claim. 

We will work to secure the best possible outcome for your future as quickly as possible. 

Fees

Ensuring everyone has access to justice is important to us and that’s why we offer our super and disability insurance services on a No Win, No Fee* basis. This means you won’t have to worry about legal fees unless we receive a successful outcome for you. 

*Conditions apply. 

Learn more

Additional case types 

Depending on the circumstances of your claim, you may be eligible for other forms of compensation. Our expert team will help you understand your claim options. They could include:

Preparing for a claim 

When preparing to make a claim there are some important steps you need to take.

Review your insurance

We can help you do this, if you haven’t already. There may also be specific steps your insurer requires you to take for your claim.

Medical certificate

Get a medical certificate to support your claim, preferably from your own doctor.

Contact Shine Lawyers

Find out if you have a claim by using our fast and free online tool or contact us for a free no obligation legal consultation.

Do you have a case?  

We're here to make the legal process as simple and stress-free as possible.

Superannuation and disability insurance case process

We listen and assess your case confidentially

During your initial obligation-free consultation we’ll take the time to listen and understand your individual needs. We will also review your policy entitlements and explain all options available to you.

We’ll build your case and keep you informed

We will work with you to gather all the documentation and medical evidence required to support your case. You focus on your recovery and rehabilitation, and we’ll take care of the rest whilst always keeping you in the loop. 

Once our investigations are complete, we will advise you of the best way forward to pursue your case.

We’ll negotiate to settle your case early

We get it – going to court is confronting and not always necessary. Our legal team will work hard to settle your case early so going to court isn’t required. In most cases, the case process begins with both parties getting together to discuss the resolution of a case. This is called ‘mediation’ and most cases settle at this point. 

We will conduct the negotiations on your behalf to ensure your case is settled quickly so can you move on with your life.

If required go to court

Only a very small percentage of cases result in a court hearing. If this happens, our legal experts have the skill and experience to guide you through the experience seamlessly. 

We will ensure you’re feeling comfortable, confident and informed of the process and what’s required from start to finish.

Resolve your case

No Win, No Fee*

We do our best up-front to make sure you understand your legal case, including whether your case is on our No Win, No Fee* basis.  

*Conditions apply

Learn more

Do you have a case?  

We're here to make the legal process as simple and stress-free as possible.

Super and disability insurance FAQs

Can I represent myself, or do I need a superannuation lawyer?

It is possible to legally represent yourself when making a claim however, doing so successfully will likely require a thorough understanding of the law, your legal rights and entitlements, and a commitment to actively pursue the case to move it forward. 

Without an experienced superannuation and disability insurance lawyer in your corner, it can be difficult to identify and highlight the strength of your case. 

Without the right legal advice and support, you then may not receive the compensation you're entitled to.

Is there a superannuation lawyer near me?

With more than 40 branches across Australia and 1000+ team members, location is no barrier when it comes to accessing Shine Lawyers legal advice and support.

If you’d like to speak to our Superannuation and Disability Insurance team in person, you can see our full list of locations here.

If you aren't able to find a location near you, we can easily arrange an obligation-free virtual appointment or discuss the option to meet at a location that’s comfortable and convenient for you. No matter where you are located, we will always provide the same, expert advice and manage your claim with the same level of quality and commitment.

Why trust Shine to be my superannuation insurance lawyers?

We have helped thousands of Australians right wrong and access more than $1 billion per year in entitlements and compensation through our expert services.  

95% of the cases we represent are settled without the stress of going to court.

With our 1000+ workforce and business maturity, we have the scale, expertise and agility to take on the tough cases and win.

Can I claim my super?

In Australia, you usually can’t claim your super until you reach your ‘preservation age’ under the policy and retire. However, you may be eligible to make a superannuation claim if you suffer a serious injury or illness that prevents you from working. Your eligibility to claim depends on your specific policy and the circumstances of your injury or illness. Use our free online super tool to see if you may have a claim we can help you with.

What is a superannuation lawyer?

Shine Lawyers’ superannuation and disability team can help you with your claim on your superannuation insurance policy, if you can no longer work because of an injury or illness. We can also help if your superannuation claim has been rejected, or if you believe your entitlements have not been paid in full.

How long does a superannuation claim take?

The time for a superannuation claim depends on your specific policy and the level of complexity of your claim. The average time for a TPD claim is between 6 and 12 months.

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