Income Protection Claims

We are income protection lawyers in Brisbane, Queensland. We help individuals claim against their income protection insurance if they are temporarily unable to return to work after an injury or illness.

What is income protection?

Quite often, an individual will be incapacitated due to injury or illness/disease but not to the extent that they are considered ‘totally and permanently disabled’ (when they may consider a TPD claim).

In such instances, they may be entitled to claim what is variously called ‘income protection’, ‘total/partial temporary disability’ benefits or ‘salary continuance’ benefits.

Like TPD benefits, income protection benefits are usually attached to a superannuation policy in the form of a separate insured benefit. However, whereas most Australian workers will have TPD insurance, usually only those who have ‘opted-in’ to income protection insurance, will have that cover. There are some industry funds which have automatic income protection insurance upon sign-up but these are limited.

IM Lawyers is able to assist you to understand whether you may be covered by an income protection policy.

Call now to arrange a free consultation:  1800 001 3396

Who can claim income protection insurance?

If you have income protection insurance (either through your super or outside super) and you are temporarily unable to return to work due to injury or illness, you can lodge a claim on your income protection insurance.

To qualify for income protection benefits, you will have to be off work for a period of time. This is often 30, 60 or 90 days and is called the waiting period. Once your monthly benefits begin and while you are incapacitated to return to work, payments will usually continue for set period (dependent on your policy) which is usually 2 years, 5 years or sometimes up to age 65.

This will depend on each individual income protection policy. IM Lawyers can review your policy to better understand what level of benefits you will be able to claim.

What injuries and illnesses can I claim income protection for?

If you have income protection insurance, you can make a claim for any injury or illness which temporarily prevents you from returning to work.

This includes:

• any physical injury;
• mental health or other psychological illnesses like depression;
• chronic illnesses like:
• cancer;
• Parkinsons disease;
• multiple sclerosis; and
• chronic fatigue syndrome (CFS); and
• other illnesses.

​What benefits are paid with income protection insurance?

Income protection insurance is usually paid as a monthly benefit. It will usually provide for around 70-75% of your ‘normal weekly earnings’ for a period not longer than 2 years (but policies will differ in terms of the weekly amount and term of the insured benefit to be paid).

Important note:

If you are off work due to a workplace injury or motor vehicle accident, any payments you seek through your income protection insurance will usually be offset against any worker’s compensation benefits or motor vehicle accident benefits.

It is crucial that you seek legal advice to ensure you are receiving all the benefits you are entitled to.

Call now to arrange a free consultation:  1800 001 3396

How do I make an income protection insurance claim?

Similar to TPD claims, there will be a specific form (from your super fund) for you to complete to lodge an income protection claim. There is also documentation required from your doctor and medical authority forms to complete.

It is not uncommon for the insurance company to also request medical reports or to arrange for you to attend a medical examination.

The claim’s process and getting a decision, can take a long time. If your claim is ultimately rejected by the insurer or you believe they are taking too long, you should seek legal advice about your options.

How can IM Lawyers help with your income protection claim?

The option to claim income protection is often overlooked when an individual cannot work due to injury or illness and their workers’ compensation claim has stopped (and they have exhausted their annual, sick leave etc.). 

IM Lawyers can assist with your income protection claim and/or appeals in relation to rejected claims or the payment of income protection benefits (whether via insurance inside your super or otherwise).