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Super Claims

TPD Claims

How do I apply for a position with Trilby Misso?
Go to our vacant positions page to see if there are any roles available which suit your skills and experience. If you’d like to apply for one of them fill out our online application form. If there are no suitable positions listed, you can still send through your resume and cover letter detailing your career ambitions to careers@trilbymisso.com.au.
What happens after I apply for a position?
We aim to read all applications within 48 hours. If you don’t hear back from us in this period, feel free to contact us for more information. Please be patient as we do receive a high number of applications per day. If your resume successfully matches the skills and experience we are looking for, we will be in touch to arrange an interview.
What is your interview process?
If you have met the criteria outlined in the position description, you will be contacted for a confidential discussion about your application. You may then be invited to an interview. Once you have been invited to attend an interview, you will meet with the department manager or team leader responsible for the position as well as a representative from the HR department. We normally conduct one or two formal interviews and then (with your permission) will contact at least two references to confirm your previous experiences.
How many staff does Trilby Misso Lawyers employ?
Trilby Misso Lawyers currently employs approximately 200 staff members.

Our head office is conveniently based in Brisbane’s CBD which houses about 150 employees and the further 50 staff are based in our Local Contact Centres at:

  • Browns Plains
  • Ipswich
  • Loganholme
  • Morayfield
  • North Lakes
  • Robina
  • Sunshine Coast
  • Toowoomba
What are the benefits of working with Trilby Misso Lawyers?
We believe in rewarding staff for their hard work and have a generous range of employee benefits that are available to all staff. Read more about Trilby Misso employee benefits.
Does Trilby Misso Lawyers value all employees equally?
Our people are our best assets and therefore we are committed to providing a safe, collegial environment that upholds the dignity of individuals, encourages mutual support and respect for others and is free from all forms of discrimination. Trilby Misso treats everyone equally and ensures that all employment policies and practices are consistent with the principles of equal opportunity.
What development opportunities does Trilby Misso Lawyers offer?
All staff members are offered numerous opportunities to participate in training each year. Training consists of job specific training as well as firm-wide training and employees are encouraged to take control of their own professional development.
Does Trilby Misso have a graduate program?
While we do not have a formal graduate program, we still encourage law students to work for us full time whilst completing studies part time. To make studying and working easier we have a substantial educational assistance policy. From this large number of highly skilled current employees we have been able to promote from within to fill any graduate positions we may have available. If you are a law student and want to work full time, please contact us!
What is TPD

TPD (commonly known as Total & Permanent Disability or Total & Permanent Disablement) is an insurance benefit available under a superannuation fund. This is available in addition to the contributions (account balance) made by the employer/fund member.

Who can claim TPD?

You can make a claim for TPD, if:

  • If you have ceased your employment and/or duties as a result of an illness and/or injury (please note that this does not mean your employment must be formally terminated); AND
  • You are unlikely to return to your employment/duties as a result of this illness/injury; AND
  • You were under the age of 65 years when you ceased this employment; AND
  • You were a member of a Superannuation Fund at the time you ceased your employment and had TPD Insurance at the time you became unwell.
How do I know if I have TPD insurance?

You will need to have a look at your current Superannuation Statement. If you are covered for TPD, it will normally be located near the Death Benefit including the amount you are insured for.

An example of this is shown below:

What are my rights?

Any rights that you have are governed under your policy document. We will need to review the Superannuation Fund Policy Document carefully before we are able to advise you in relation to your rights.

How do I lodge a claim?

This is generally a two step process.

First, your Superannuation Fund needs to be contacted either by writing or by telephone to obtain the claim forms, a copy of the policy document and to confirm the amount you are insured for.

The second step requires completing the claim forms (these generally consist of a lengthy Application Form, Employer Declaration Form and Treating Doctor’s Report/Certificate) and lodging them together with copies of medical records, reports and any other information that may be relevant to your claim with the Superannuation Fund.

What do I need to give to my lawyer?
You will need to bring the following information and/or documentation to the meeting:
  • Superannuation Policy Number
  • Latest Superannuation Statement
  • Superannuation Policy Disclosure document, if you have it in your possession;
  • A list of your qualifications, trades and education;
  • A list of all employers you have worked for including job descriptions. If it is easier for you please just bring your resume;
  • A list of all your injuries and illnesses;
  • A list of all your medical practitioners including your current treating practitioner;
  • The details of your employer when you became unwell and the date you last worked.
Do I need to resign or be terminated from my employment before making a claim?

You do not need to resign from your employment or be terminated from your employment before a claim can be made. Most funds require that you be absent from your employment for a continual period of at least 6 months before lodging a claim.

What can I expect in the claim process?

The TPD Claim process can be quite lengthy and complex. An investigation with your superannuation fund will need to be undertaken to confirm your TPD cover and obtain the policy document.

A detailed statement will need to be obtained from you in relation to your vocation, work experience/qualifications, injury and illnesses and work history.

Further, all medical evidence by way of a medico-legal report from an independent specialist (this means you will need to attend at an appointment for examination); medical records from your treating practitioners and any other material.

The Claim form together with submissions will then be prepared on your behalf for lodgement with the superannuation fund.

The fund will then make a determination as to whether they accept or reject your claim.
The information provided above is a short run down on the process. It is difficult to determine the length of time for the process as we are dealing with third parties to obtain information.

How much do I get?

How much you will get is dependent upon how much you are insured for, the policy which governs your TPD insurance and whether you decide to take a lump sum amount or a weekly benefit.

Do I pay tax on any benefit that I receive?

Yes you are required to pay tax on any benefit you receive for TPD as it is considered income. Tax is paid on a portion of the amount payable to you and is taxed at a discounted rate. It will need to be declared to the Australian Taxation Office.

The superannuation fund will automatically calculate the amount payable on your behalf and forward this amount directly to the Australian Taxation Office.

We recommend that you seek advice from an accountant or financial planner in relation to this.

Who offers TPD cover?

Most Superannuation Funds offer TPD cover or you can organise your own cover either through a superannuation fund or other insurer.

Is there a time limit to make a claim?
There are no time limits in lodging a claim against your Superannuation Fund for TPD claims if your employment has not been formally terminated..

However, most funds require you to be absent from work for a continual period of at least 6 months before you will qualify to make a claim for TPD.

In the instance that your employment has been formally terminated then you must lodge the claim for TPD within two years of this date. Example: If your employment was formally terminated on 28 January 2010 then you have until 28 January 2012 to lodge your claim with the superannuation fund.

If your claim is rejected by the fund after lodgement, you will have six years from the date the claim is rejected to file proceedings in the court, if necessary.

What happens if my claim is refused?

If your claim is refused by the Insurer you have several options. These options include:

  1. Taking no further action;
  2. Lodging a request for consideration with further material to support your claim;
  3. Lodging a complaint with either the Superannuation Complaints Tribunal or Financial Ombudsman Service. Please note that you will need to seek authorisation from the SCT or FOS for a lawyer to represent you as there is not an automatic right.
  4. Start proceedings in a court to challenge the decision made by the fund.
Once my claim settles, do I have to declare the money on my tax return?
You do not have to declare your settlement monies on your Income Tax Return. All amounts claimed as damages are on a "net of tax" basis and are therefore subject to further tax.
If a claim for my child settles, what happens to the money?
The Public Trustee monitors all claims for minors. Once a claim is settled, monies are placed with the Public Trustee. These monies are then invested and are given to the injured minor once they are 18 years of age. Guardians may apply to the Public Trustee to use settlement monies for educational and living purposes before the child is 18.
Why do I need to provide information about my medical providers?
During your claim, information will be obtained from your medical providers regarding the status of your health before, at the time of and after your injuries occurred. You must inform us of all your medical providers so that we can obtain the most accurate records. You should also inform us of any injuries you have previously sustained as this information could affect your claim. Once your claim has settled you are obligated to reimburse Medicare for treatment relating to your injuries. Those amounts are taken into consideration when determining the value of your settlement.
What happens in regards to benefits I have received from private health insurers?
If you have claimed amounts from your insurer that relates to treatment for the injuries you are seeking compensation for, we will need details of those amounts. We claim those amounts as damages and they are refundable to the private health insurer.
What should I do if my personal situation changes during my claim?
It is important that you keep your lawyer informed of any changes to your health, further accidents/injuries and changes of employment. There are obligations under the legislation that obligate us to keep the insurer informed of these changes. Failing to do so could impede your claim for damages. Failure to disclose important information may also lead to conviction and imprisonment, or a reduction in the value of your claim.
How will my legal fees be calculated?
The client agreement sets out in detail the basis for calculation of fees. In brief, we charge based on a time scale and we charge for every action which advances your claim. Since Trilby Misso Lawyers operates on a No Win No Fee basis, no fees are payable until the claim has been satisfactorily settled.
How much compensation will I receive for my injury?
The sum depends on the nature of the accident, extent of injuries received, the amount of economic loss sustained and the length of time the injury is likely to affect you.
Do I have to report the accident?
Yes. If it is a motor vehicle accident, report it quickly to the police. If it is a workplace accident, inform your employer immediately.
In a motor vehicle accident, how can I prove to an insurance company the other driver was at fault?
Obtain the contact details of witnesses to the accident and ensure the police are informed.
Do I have to commence court proceedings to claim for an injury?
No, if a claim can be resolved by means of negotiated resolution it will usually be finalised more quickly and with less expense.
How long will it take to settle my case?

Every case is different. Factors that determine how quickly cases are settled include:

  • The seriousness of injuries
  • The complexity of the case
  • The degree to which it is clear another party was at fault
Can I access some of superannuation account balance now?

Yes, you are able to access some of your superannuation account balance now.  The options are as follows:

  • If you are over 55 years old, you may be eligible to automatically have some of your account balance released;
  • You may have some of your account balance released on the basis of permanent incapacity.  You will be required to obtain to medical reports (as provided by the superannuation fund) stating you are permanently incapacitated;
  • The other option is to have your account balanace released on the basis of financial hardship.  You will need to have been on Centrelink benefits for at least 6 months before you are able to access your superannuation under this category.

Please note that a minimum balance is required to be left in the account so as not to affect your insurance claim.