Swanwick Murray Roche Lawyers

74 Victoria Parade, Rockhampton QLD 4700   •   (07) 4931 1888   •   SERVICE PORTAL

Superannuation & Insurance Claim Compensation Law

Swanwick Murray Roche – Rockhampton & CQ Superannuation Compensation Claim Accident & Injury Compensation Lawyers and Solicitors

Superannuation and Disability Insurance Claims

Most superannuation insurance policies have benefits to protect you in the event that you are unable to work due to illness or disability. Gaining access to these benefits can be a lengthy and complicated process. Our superannuation claim experts are able to assist in the following areas:

  • Total and permanent disability claims;
  • Income protection claims;
  • Life insurance or death benefit claims;
  • Early release of super;
  • Trauma claims.
What we do

Superannuation claim compensation in the event of injury or accident is a key service that we provide to private clients.

We provide compensation law services to corporate clients and individuals in all compensation areas including the following:

  • asbestos disease compensation claims;
  • public liability compensation claims;
  • road accident injury compensation claims
  • work related injury compensation claims
  • occupational diseases compensation claims
  • total and permanent disability or death superannuation & insurance claims

Swanwick Murray Roche is a Queensland compensation and injury law firm. Our team are experienced compensation and public liability insurance Lawyers and Solicitors. Our injury and accident Lawyers and Solicitors are deeply experienced and focused on getting you a fair result.

Our Process

Our Queensland compensation law Lawyers and Solicitors will assist you with your compensation claim and ensure that you know about your rights and entitlements.

Our process is this:

Step 1: Get in touch – tell us what happened, we are here to listen.

Step 2: Free first consultation – our first consultation is free, we will organise to sit down with you anywhere in Australia and listen to your story and take down all the particulars we need to give you initial advice.

Step 3: Negotiation – we will manage all discussions with the insurer on your behalf to get you the best result possible.

Step 4: Settlement – We will process your payment as soon as we receive it.

No Win, No Fee Superannuation Compensation Lawyers & Solicitors

We offer no win, no fee compensation claim work. This means that if we take your case on and it isn’t successful then you won’t have to pay our legal fees. Speak to us more about how we can arrange a no win, no fee policy.

We will meet you anywhere

If you are involved in an accident or are injured, there will be so many overwhelming things for you to think about. Let us make it easier – we will come to you, anywhere in Australia by agreement, to make things easier for you.

Frequently Asked Questions

Do I have a superannuation life insurance or disability claim?

There are many different types of insurance related claims if you have suffered injury or illness and are no longer able to work. Generally speaking there are four types of benefits that you may be able access, depending on your circumstances and insurance policies that you hold:-

    • Total and permanent disability – TPD – if you are sick or wounded and are off work for three months or more, you may be eligible for a TPD insurance benefit;
    • Income protection – these are some times called total and temporary disability or temporary salary continuance claims. If you have this type of insurance and can’t work you may be able to receive a benefit for a set period of time that pays up to 7% of your gross income;
    • Trauma claims – if you have been diagnosed with a defined medical condition and suffer specific ailments, you may be able to receive a lump sum regardless of whether you continue to work or not.
    • Life insurance or death benefit claims – a lump sum will be paid to a nominated person upon the insured’s death.

What are the requirements for making a superannuation insurance claim?

The requirements for making a claim differ depending on the type of claim you are making. For TPD claims, you will need to show that because of the injury or illness you cannot do your job and you cannot do any of the jobs for which you have education, training or experience. It is not necessary to prove that someone else is as fault. For income protection you will need to show that you cannot do your job and that you are under the care of your doctor and you are not working for a wage or income.

How do I find my disability insurance?

Most working Australians are a member of a superannuation fund and it is very common for funds to provide a level of insurance to their members and it is possible that you have disability insurance that you are not aware of. Even if you don’t have superannuation you may have your own life insurance policy or your employer may have some form of accident sickness policy.

How much can I claim?

How much a person can claim depends very much on the type of insurance that they have for the particular situation. Death and total and permanent disability and trauma benefits usually provide you with a lump sum payment regardless of wage or salary. These payments are usually income tax free although there may be taxation implications of removing the payment from your Superannuation account if this is how your insurance is held.

How long will the superannuation insurance claim take?

Most insurance benefit claims can take between twelve and eighteen months to be assessed by a fund or insurer.

Can rejected claims be appealed?

Superannuation funds and insurers don’t always get decisions right. If a fund or insurer has rejected your claim, you can appeal the decision and have them undertake a formal review process. If your claim is rejected again, there is a chance you can successfully appeal the claim through the Courts.

What are the time limits in respect of superannuation claims?

Time limits apply for various claims and vary depending on circumstances so it is best to seek advice as soon as possible. With regards to superannuation claims, generally speaking there are no time limits but a claim should be lodged as soon as possible. The sooner a claim is lodged, the sooner the fund will begin assessing your claim. There is a six year time limit to file court proceedings. In most cases usually that six year period commences from when the fund or insurer rejects your claim for the first time but that is not always the case. It is important to seek expert and accurate legal advice on the point.


Check out some of our recent legal updates and compensation resources that you might find useful on this Compensation Resources link. Please remember that these updates and resources are general guidance only. If you need legal advice, you should contact us to discuss your matter as your personal circumstances may not suit the circumstances described in the updates and resources.


To talk about your matter – reach out to us via any means to start a conversation. All of our contact information is listed here on our Contact Page.

Our Team

Meet the solicitors who can help you with these issues.

David Lipke


Litigation & Insurance

Terry Tummon


Property Settlement & Litigation