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Income Protection Claims

What is Income

Income Protection insurance provides you with a monthly payment when you are unable to work for a period of time due to an injury, illness or medical condition. In most cases, you will be covered for around 75% of your salary.

Your Income Protection benefits will be paid for a set period of time, usually 2 years, 5 years or to age 65. You will also need to go through a 30 to 90 day waiting period before the payments start.

You may be eligible to receive Income Protection payments if you are temporarily off work due to an injury, illness, or medical condition.

If you are unlikely to return to work in the future, due to your medical condition, you may also be eligible for a TPD lump sum claim.

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Can I claim Income Protection if I am receiving CTP or WorkCover benefits?

Income Protection payments are often reduced by other benefits such as WorkCover and CTP, it is therefore recommended you speak to a superannuation lawyer before pursuing a claim.

If your Income protection claim is rejected, Zaparas Lawyers can help you challenge the decision.

Time limits apply with rejected claims, so it is important that you see a specialised superannuation and insurance lawyer as soon as possible.

Our dedicated superannuation and insurance claims team at Zaparas specialises in challenging insurer decisions. We will ensure that you are supported and guided throughout the claims process from start to finish.

Why Zaparas Lawyers?

Many people are not aware of their ability to make a claim through super because it is not common to receive the policy documents.

Every claim is important to us. Our dedicated team of superannuation specialists will approach your claim with skill, knowledge, and care.

Your file will be conducted by a lawyer who specialises and has experience in the area of superannuation claims.

Our team can guide you through the process and help make a claim for a benefit at a time you need it most.

We’ve seen how traumatic and life-changing an injury can be, so we understand how important it is that you don’t have to worry about the financial side of your claim.

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What is an Income Protection?

Income Protection is insurance commonly held in Superannuation funds.

You may be eligible to claim Income Protection if due to an injury, illness or medical condition, you are temporarily unable to return to your pre-injury duties.

Income Protection provides you with a monthly payment when you are unable to work for a period of time.

How do I know if I have Income Protection cover?

If you have been receiving contributions into your Superannuation account, you may have default Income Protection cover. A good first step is to check your most recent Annual Statement.

When can I claim Income Protection?

You may be eligible to claim Income Protection if you have been unable to work due to an illness or injury. You will also need to go through a 30, 60 or 90 day waiting period before the payments start.

Can I claim Income Protection while receiving other payments, such as WorkCover?

You may still be able to claim Income Protection payments if you are receiving income or benefits from other sources, such as sick leave payments, Centrelink, or Workers’ Compensation payments.

However, it is common for an Income Protection policy to contain an “offset” clause. This clause will specify that income protection payments are to be reduced by other income received during the benefit period. This ensures that income from all sources does not exceed your pre-injury earnings.

The calculation of any offsets can be difficult, especially if you have received a lump sum benefit from WorkCover or CTP. Often it will come down to the wording of the insurance policy as to whether an amount is to be offset.

How are Income Protection payments calculated?

Most Income Protection policies will cover up to 75% of your pre-injury earnings. If your insurance is through your Superannuation, you may also receive a contribution into your Superannuation account.

The insurer assessing your claim will most likely calculate the Income Protection payments by looking at your pre-injury earnings for a 12-month period, prior to your injury or medical condition.

If your insurance policy has an agreed benefit amount between you and the insurer, you will still need to show that you were earning the amount you are insured for prior to your injuries or medical condition occurring.

How long will I receive Income Protection payments for?

Depending on your specific policy, Income Protection benefits may be paid for a ‘benefit period’ of two years, five years or until age 65 or 70.

What if I receive a Procedural Fairness or rejection letter for my Income Protection claim?

When an Insurer intends to reject your Income Protection claim, they will send you a Procedural Fairness letter. The purpose of the letter is to:

•    Provide you with copies of all of the evidence relied upon in the assessment of your claim;
•    Having regard to the available evidence, clearly set out the potential barriers to your claim; and
•    Provide you with the opportunity to comment or provide further evidence to support your claim.

If you have received a Procedural Fairness letter, you should obtain legal advice as soon as possible.

Please refer to our blog post for further information.

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