Superannuation Lawyers in Perth
Can't Work Due to Injury, Illness or Disability?
If a medical condition or disability is keeping you from working, you may be entitled to significant insurance benefits through your superannuation fund.
Many Australians have accumulated multiple super funds throughout their careers, each with different insurance policies and terms. Navigating these complex policies without legal expertise can be overwhelming.
At WKB Lawyers, our experienced team specialises in interpreting your superannuation in Perth. We'll help you understand and access the benefits you're entitled to.
Contact our superannuation lawyers in Perth today to unlock the full potential of your super policy.
Why choose us?
We’ve successfully had over 678 approved TPD Claims since January 2020. This equates to around $265 million in insurance payouts for our clients.
Real people and the best service
You’ll always speak with a real person who genuinely cares. We pride ourselves on delivering clear, honest and compassionate support every step of the way.
An experienced, diverse team
With over 35 years of combined legal experience, our team has successfully guided clients through a wide range of complex superannuation insurance matters. We’ve achieved strong outcomes across all kinds of scenarios, and use that insight to give you practical, strategic advice tailored to your situation.
Personalised and invested in you
We take the time to understand your unique circumstances and goals. Your success matters to us – because you're not just a file number.
No surprises! No win, no fee fixed professional fees
We believe in fairness. That’s why we offer a true ‘no win, no fee’, fixed fee guarantee so you can pursue your claim with confidence and no upfront costs. This also includes any disbursement costs such as for medicals or reports which some firms expect you to pay even with an unsuccessful outcome, leaving you out of pocket.
Total and Permanent Disability (TPD)
If you are unable to work for three or more months due to an injury or illness, you may be liable to a lump sum payment as part of your TPD insurance. This can include physical injury, mental illness, or a medical condition that refrains you from returning to work.
Depending on the terms of your TPD insurance, your disability may be defined as:
- Being unable to work in ‘your’ occupation
- Being unable to work in ‘any’ occupation
Income Protection
If an injury or illness has made you temporarily unable to work, you are liable to get “salary continuance benefits” under the Income Protection Insurance. This means the employee gets a salaried monthly income for the period they cannot work.
Depending on the terms and conditions of your insurance, there will be a minimum waiting period before the monthly payments commence. Generally, an employee is paid only 75% of their pre-disability income.
Death/Terminal Illness Benefit
A few superannuation companies in Perth offer death insurance as part of their fund policies. In the event of your death, the balance of your superannuation account is paid to the listed beneficiary (usually a spouse or children).
This amount can help your family to manage expenses such as paying the mortgage and other bills.
At WKB Lawyers, we have an experienced team specialising in the legalities of superannuation in Perth. Our lawyers are qualified, skilled, and have the know-how to handle all types of claims related to superannuation funds. From TPD claims to Income Protection benefits, our lawyers have tricks up their sleeves to handle any complexity that may arise in such cases
Recent wins & results
Margaret’s Claim
Margaret had a long career in administrative work but was unable to continue due to a chronic health condition that significantly impacted her ability to perform day-to-day tasks. While the insurer gathered multiple opinions suggesting her condition might be manageable with adjustments, we provided strong medical evidence and persuasive submissions showing that, in practical terms, returning to work was unrealistic.
Natasha’s Claim
Despite her academic background and relatively high-functioning appearance, Natasha’s claim was initially dismissed as not meeting the ‘permanent incapacity’ threshold. We obtained letters from her nephrologist and cardiologist confirming that returning to work was no longer viable and secured approval shortly after submission.
Rebecca’s Claim
After the sudden passing of her husband, Rebecca struggled to access basic information from the fund. We stepped in, coordinated all estate and beneficiary documentation, and communicated directly with the trustee to avoid unnecessary delay. The claim was final
FAQs & Tips
We understand that dealing with a superannuation insurance claim can be overwhelming, especially when you're already dealing with illness, injury, or loss. At WKB Lawyers, we specialise exclusively in this area of law and are committed to making the process as clear, supportive, and stress-free as possible.
Below are answers to some of the most common questions we receive from clients. If you need tailored advice, feel free to contact our team for a confidential, obligation-free consultation.
What is a TPD claim?
A Total and Permanent Disability (TPD) claim is made when a person becomes unable to work due to illness or injury. It provides a lump-sum benefit through your superannuation fund or insurance policy to help with living expenses, medical costs, and financial stability.
Am I eligible to make a TPD claim?
Eligibility usually requires that you are unlikely to ever return to work in your previous role or any other role suited to your education, training, or experience. Each superannuation fund and insurer has different definitions, so it’s important to review your specific policy.
How long does a TPD claim take?
On average, TPD claims take between 3 to 6 months to be assessed, depending on the complexity of the claim, medical evidence available, and the insurer's response times. Providing complete information early can help avoid unnecessary delays.
Do I have to withdraw all of my superannuation after a TPD claim?
No, you are not required to withdraw your entire super balance. Once the condition of release is met, you may choose to withdraw as much or as little as you need or leave the balance in your fund until retirement.
Will I be taxed on my TPD payout?
Tax may apply if you access your superannuation before reaching your preservation age. The tax rate depends on your age and the components of your super balance. Generally, withdrawals after age 60 are tax-free.
Can I lodge more than one TPD claim?
Yes. If you have multiple superannuation accounts with separate TPD cover, you may be able to make more than one claim – provided each fund’s policy allows it. Each claim is assessed independently.
What if my claim is denied?
If your TPD claim is declined, you have options:
- Request an internal review by the fund or insurer;
- Lodge a complaint with the Australian Financial Complaints Authority (AFCA); and
- Seek legal advice and consider court proceedings if necessary
WKB Lawyers can assist at every stage, including challenging unfair decisions.
What types of conditions are covered under TPD?
A wide range of conditions may qualify for a TPD claim, including:
- Physical injuries (e.g. spinal damage, amputations);
- Chronic illnesses (e.g. cancer, neurological diseases); and
- Mental health conditions (e.g. depression, PTSD, anxiety).
Is there a waiting period before I can lodge a TPD claim?
Yes. Most policies require that you have ceased work and been continuously unable to work for a minimum period (usually 3 to 6 months) before lodging a TPD claim. This allows time to assess whether your condition is truly permanent.
Can I access my superannuation early due to hardship or illness?
Yes. Early access may be available under the following grounds:
- Severe financial hardship – if you are unable to meet reasonable and immediate living expenses
- Compassionate grounds – such as medical treatment or avoiding foreclosure
- Permanent incapacity – due to illness or injury preventing you from returning to work
What if my doctor isn’t supportive or doesn’t understand how superannuation insurance works?
Many treating doctors are unfamiliar with the legal and evidentiary requirements involved in superannuation insurance claims. This can sometimes lead to confusion or incomplete reports that may unintentionally impact your claim.
At WKB Lawyers, we’re highly experienced in communicating with medical professionals and clarifying what insurers require under the specific definitions of your policy. We can brief your doctors accordingly and assist them in preparing statements that properly address the legal criteria.
If needed, we also work with a panel of carefully selected independent medical specialists who understand this area of law and can provide additional expert evidence, especially in more complex or borderline claims.
Aren’t all lawyers the same? What makes WKB Lawyers different?
We completely understand the hesitation, especially if you've never dealt with a lawyer before or have had a negative experience elsewhere. But not all firms are the same.
WKB Lawyers is a boutique practice that specialises exclusively in superannuation and TPD claims. This singular focus means we deeply understand the legal and medical complexities involved, and we’ve built systems, relationships, and experience to get the best possible outcomes for our clients.
We offer:
- Fixed-fee, no win no fee arrangements
- Expert guidance through the entire process
- Strong advocacy with insurers and super funds
- Personalised support with compassion and transparency; and
- We handle the paperwork, medical evidence, legal arguments, and negotiations so you don’t have to face it alone.
Can you just give me a quote for fees?
We’re happy to work transparently with clients on fees, but we don’t offer generic quotes without understanding your circumstances first. This is often done some firms to win your business and this may not always be in your interest without knowing your rights.
Before we take on a matter, we assess your individual situation, what stage your claim is at, the strength of your medical evidence, and the amount of work required. Sometimes, it’s a matter of timing, and acting too soon may actually reduce your chances of success.
Once we’ve had an initial discussion, we’ll let you know:
- Whether we believe we can assist;
- What work will be involved; and
- The fixed professional fee on a no win, no fee basis.
Our goal is to give you the best possible chance of success, not just rush to lodge a claim.
I’ve already lodged a claim (or I'm with another firm) but I'm not happy. Can you still help?
Yes, we assist with these situations frequently.
If you’re working with another firm, we would first encourage you to raise your concerns directly with them. Sometimes, a simple conversation about expectations or communication gaps can resolve the issue.
If the problem persists, or you're feeling unsure about the advice you’ve been given, we're happy to offer a free second opinion. We’ll review your claim and let you know if we think we can help.
Please note if a previous firm has already done substantial work, they may hold a lien over the file – which means they may be entitled to part of the fees from any eventual payout. Some clients are willing to accept this to receive better support and peace of mind going forward. If you do decide to change representation, we’ll explain all costs clearly so you can make an informed choice.
Have you worked with major superannuation funds and insurers?
Yes, at WKB Lawyers, we specialise in superannuation insurance law, and we've dealt with just about everything under the sun. Whether its total and permanent disablement (TPD), income protection (IP), death benefits, claims handling delays, outdated policy definitions, or complex legal disputes, we’ve seen it all and know how to handle it. Our extensive experience spans working with and against major superannuation funds and insurers across Australia
Over the years, we've successfully handled claims involving many of Australia's leading superannuation funds and insurers, including:
Superannuation Funds:
- Australian Super
- Australian Retirement Trust (ART)
- QSuper
- Hostplus
- CBUS Super
- UniSuper
- HESTA
- Aware Super
- Care Super
- REST Super
- NGS Super
- Vision Super
- Spirit Super
- First Super
- Prime Super
- Active Super
- State Super
- Telstra Super
- Mine Super
- Legal Super
- Brighter Super
- Mercer Super
- Colonial First State
- AMP Super
- MLC Super
- BT Super
- OnePath
- Zurich Super
Life Insurers:
- TAL Life Limited
- AIA Australia Limited
- Zurich Australia Limited
- MLC Limited
- MetLife Insurance Limited
- Resolution Life Australasia Limited
- ClearView Life Assurance Limited
- CommInsure
- OnePath Life Limited
- BT Life
- Hannover Life Re of Australasia Ltd
- Swiss Re Life & Health Australia Limited
- Munich Reinsurance Company of Australasia Limited
- Pacific Life Re (Australia) Pty Limited
- RGA Reinsurance Company of Australia Limited
- SCOR Global Life Australia Pty Limited
- NobleOak Life Limited
- Allianz Australia Life Insurance Limited
- HCF Life Insurance Company Pty Ltd
Our deep understanding of the processes and requirements of these organisations enables us to navigate complex claims effectively, ensuring the best possible outcomes for our clients.
If you have any further questions or need assistance with your superannuation or insurance claim, please don't hesitate to contact our friendly team.
I’m not based in the same city or state as your firm – can you still help me?
Absolutely. We assist clients across every state and territory in Australia, and your location does not affect your ability to make a superannuation insurance claim or to work with us.
Superannuation and insurance claims (including TPD, income protection, and death benefit claims) are not restricted by state-based laws. What matters is the terms of your policy – not where you or your lawyer are located.
We work with clients every day via phone, email, and video conferencing. Most claims can be run entirely remotely, and we’ll guide you through the process step-by-step, wherever you are.
So whether you’re in Brisbane, regional WA, or a small town in Tasmania – we’ve got you covered.
Need help with your Superannuation Insurance Claims?
Making a TPD claim can seem daunting, but with our help it won’t be. If you have a potential claim, we will then assist in making it and only charge on a no win, no fee basis. Call us now or book your free consultation.