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Superannuation Disability Claims


What are Superannuation Disability Claims?

Your superannuation fund is meant to be there to support you when you are done working, even if you are forced out of work by an unforeseen injury. If you can show that your injury qualifies as a “total and permanent disability,” you will be eligible for an additional payment from your superannuation fund. The total and permanent disability payout is specifically designed for people who are unexpectedly forced out of the workforce, so that they can avoid withdrawing all of their superannuation fund early and putting their financial future at risk.

A serious injury can completely change your life. One of the most devastating impacts could be the inability to work. With medical bills piling up, you don’t need the added stress of wondering how you are going to support yourself and your loved ones in the future. If you have been injured in a way that will leave you permanently disabled and unable to work, you have the right to make a Disability Claim to your superannuation fund. The team at Gerard Malouf & Partners can help you with your claim.

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Expert superannuation disability claim lawyers

Superannuation disability claim lawyers

At Gerard Malouf & Partners, we understand that the financial burden of not working may make you believe that obtaining expert legal advice is not possible because of the cost of legal fees.

 It’s why we are committed to working for our clients on a “no win, no fee” basis so that you can seek our help without having to worry about financial burden. 

We also provide a written commitment to our clients that we will reduce our legal fees in the event that you are not happy with the result of your compensation claim.

Free Resources
Guide To Superannuation Compensation & TPD Claims Checklist

Download your guide today and check your eligibility to make Superannuation & Total Permanent Disability compensation claims


How can your superannuation policy help with a disability?

Total and permanent disability is defined as a disability that makes it impossible for a person to continue working. This claim must be backed with an evaluation from a medical physician.

 While in the past, disabled individuals merely had to show that their injuries made it impossible for them to continue in their previous career, recent changes now mean that a person must demonstrate that they also cannot be easily retrained or re-skilled to a different career. While this does set the bar for qualifying for total and permanent disability higher, a skilled legal team can help you make your case for compensation.

Even if your injury does not qualify you for permanent disability pay, temporary compensation may be available. In general, you should expect to receive some form of payment from your superannuation fund if you are:

  • Unlikely to return to your usual occupation for an extended period
  • Unable to return to work due to injury or illness
  • Unlikely to have the capacity to engage in any employment for which you are suited by way of education, training or experience in the future.

Dealing with an injury that prevents you from working can affect every part of your life. In addition to your superannuation policy, you may be able to collect payment from several other forms of insurance if they apply to your situation, such as:

  • Income protection insurance
  • A life insurance policy
  • Mortgage protection insurance
  • Sickness or accident insurance
  • Employment disability insurance
Maximise Your Compensation

Experienced superannuation lawyers

Our lawyers are experts in converting your Total and Permanent Disablement Claims into the lump-sum payments you need to continue living your life well. In one case, from July 2020, we helped our client, an injured construction worker, receive a $62,000 benefit payment. Our client had badly injured his shin when he fell down a hole while attempting to install an oven at work. Although he attempted to work for a few more days after the accident, our client was quickly forced to seek medical treatment and underwent surgery. Despite his doctor’s efforts, the man still found himself unable to work the same tools he had before his injury without pain, permanently keeping him out of work.

Gerard Malouf & Partners was able to help the man prepare evidence and file a Total and Permanent Disablement Claim. Through our efforts to provide The Superfund with all of the documents necessary and pressure for payment, the man was able to receive his payment in only two and a half months — well under the six months insurers are given to assess a claim. Often the process can drag out far longer if there are any complicating factors. Thanks to Gerard Malouf & Partners, the man was able to get a satisfactory payment swiftly and get on with planning the rest of his life. A large superannuation payment gave our client the confidence he needed to move forward, despite his injuries and inability to work.

Even if your injuries aren’t of a physical nature, Gerard Malouf & Partners can be your advocate in a superannuation disability dispute. In another of our cases, from September 2020, we assisted a Secondary School Teacher who had suffered severe workplace harassment and bullying. As a result of her ordeal, our client suffered from anxiety, depression, agoraphobia, memory impairment, nightmares and difficulty concentrating. All of this made it impossible for her to continue to work. In the years following the end of her employment, our client also was diagnosed with SLE, cerebral lupus and lumbar puncture.

While the woman originally contacted our experienced legal team to help with a Workers’ Compensation claim, we quickly recognised that an additional Total and Permanent Disablement Claim could be made. Through our hard work, the woman’s claim was approved in under two months and our client found herself with a $274,000 payment she was not expecting when she came through our doors.

Gerard Malouf & Partners

Why choose Gerard Malouf & Partners?

Gerard Malouf & Partners is not a giant, publicly listed law company but a specialised and focused law firm supporting compensation claims for clients across Australia.

We are small enough to care intimately for their clients and large enough to have the financial, medical and expert resources clients need to receive maximum compensation.

Gerard Malouf & Partners is not a giant, publicly listed law company but a specialised and focused law firm supporting compensation claims for clients across Australia.

We're here to help

Contact us for no-obligation legal advice about your claim.

Free Resources
Guide To Superannuation Compensation & TPD Claims Checklist

Download your guide today and check your eligibility to make Superannuation & Total Permanent Disability compensation claims

More services

Explore more superannuation & TPD claims services that Gerard Malouf & Partners offer.

Frequently Asked QuEstions

More information about Superannuation Disability Claims

Commonly asked questions concerning superannuation claims and your rights

A claim can be made against any policy that has income protection insurance, while life insurance policies can also be a pathway to obtaining a compensation settlement. Even mortgage and loan protection insurance can come into the picture if you have been injured. Being unable to work due to injury should not lead to default, which is why this insurance policy can be claimed against:

Some of the problems that police officers face include car accident injuries, post-traumatic stress disorder (PTSD), and musculoskeletal disorders. Read more to know whether or not these would be eligible for a TPD payout.

If you have suffered an injury at work, or while making your commute to or from work, you’re entitled to workers compensation. This may seem like stating the obvious, but there are members of the public who are completely unaware of what accident compensation they are entitled to if anything were to ever happen. If you can’t perform the daily tasks that your job requires, you may be able to claim a Total & Permanent Disability (TPD) benefit.

You can purchase TPD insurance as a standalone product from insurers, although there’s a chance you may already be receiving total or partial coverage under other policies.

  • A superannuation policy
  • Life insurance
  • Income protection cover
  • Mortgage protection or loan protection insurance
  • Employment disability and/or trauma cover
  • Sickness or accident policies


“I am very grateful for your expertise and guidance along the way. Sharon has also been very helpful. Thank you for all your hard work and genuine care in resolving my matter”

Our Client
Our Promise To You

Our Difficult Case Policy

At Gerard Malouf & Partners we have introduced a policy that if any case appears to be overly difficult or unlikely to obtain a good result for the client our lawyers must bring it to the attention of the management team via a detailed pro forms explanation early and then our management team will take all steps possible to ensure it is successful and that we obtain the maximum result for the client.

This is unlike other law firms who often run compensation claims in a mechanical way. At Gerard Malouf & Partners, our lawyers handle each claim thoroughly and comprehensively prepare it in every aspect.

This is more tedious, more complex and costlier for our firm in some ways but the best result will be achieved every time for our clients seeking accident injury compensation service. It is our professional obligation to strive not just for some justice but for the maximum achievable. This is our core philosophy and what differentiates us from other law firms.

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Meet the Superannuation Disability Team

Meet some of the diverse and dynamic compensation lawyers that support our clients with their Motor Vehicle Accident claims.

Angelica Adhar
Senior Superannuation Paralegal

We're here to help maximise your compensation

Call us now on 1800 004 878 to book a free appointment with one of our compensation experts, or make an enquiry online now.

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Gerard Malouf & Partners
 — Personal Injury Compensation Lawyers

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