Disablement Claims

Normally superannuation entitlements cannot be accessed until retirement age. However, where an injury or illness is such that a member of a superannuation fund is unable to work in an occupation which that person is suited by reason of training, education and experience, it may be possible to access superannuation benefits by reason of total and permanent disablement.
Often (especially with industry superannuation funds) the trustee of the superannuation fund will have taken out insurance cover in the event that a member dies or becomes totally disabled. The amount of this benefit is usually disclosed on the members Member Benefit Statement which is sent to members on an annual basis.
Whether or not a member is able to access total and permanent disablement benefits depends on the severity of the illness or injury and satisfying the definition of “total and permanent disablement” in the superannuation fund’s trust deed.

Please note that care needs to be taken in accessing superannuation benefits where an injured worker is in receipt of weekly payments. In these circumstances it is necessary to roll over any superannuation benefits into an approved deposit fund. If the member accesses the superannuation entitlement directly the member may be precluded from receiving weekly payments.
Sharon was born and bred in Warrnambool. She completed her Bachelor of Laws (Honours) at Deakin University in Warrnambool in March 2016 and was admitted in November 2016. She began working in the legal industry 20 years ago as a junior and then as a personal injury assistant. Sharon then joined Tony and Pat to form Brown McComish Solicitors in April 2005 as the office manager and now as a solicitor. Sharon mainly works on conveyancing and property matters and has extensive knowledge in sale and purchase of land, transfer of commercial leases, 173 agreements, subdivisions and general property law matters. Sharon has an advanced working knowledge of personal injury litigation and legislation having worked as a personal injury assistant for 15 years before becoming a solicitor. She also practices in family law and drafts wills and powers of attorney. She is a member of the Law Institute of Victoria. Sharon’s crowning achievements are her two daughters who brighten the office when they visit. Her office hours are 9:00am to 3:30pm Tuesday to Friday.
Matt grew up and completed school in Casterton in Victoria’s south west. He completed a Bachelor of Laws at Deakin University in Warrnambool in 2017 and was admitted to the Supreme Court in March 2018. While studying Matt worked in hospitality before obtaining a position at Brown McComish Solicitors in March 2017. After he was admitted Matt then joined the team as a solicitor working closely with Pat McComish on Magistrates’ Court criminal and personal injury matters as well as VOCAT and intervention orders. He is also a member of the Law Institute of Victoria. His office hours are 9:00am to 5:30pm Monday to Friday.