Aside from entitlements such as worker’s compensation, many workers whose work capacity has been affected as a result of silicosis or any other dust-related condition such as asbestosis or mesothelioma may also have entitlements to disability insurance like income protection or TPD. Most Australian workers have TPD and death cover that is held inside their super fund, and many people will also have income protection insurance. In this blog, we explore options to claim TPD, income protection or terminal illness benefits if you’re unable to work due to silicosis or any dust-related condition.
What is silicosis?
Silicosis is a serious lung condition caused by the inhalation of silica dust. People in the construction and mining industries are at risk of exposure to silica dust which can be caused by, for example, engineered stone products such as stone bench tops and the cutting of those materials.
Many people who suffer from silicosis develop symptoms which can include:
- shortness of breath;
- respiratory issues such as emphysema;
- chronic bronchitis;
- pulmonary hypertension; and
- sometimes in very serious cases, respiratory failure.
There are many people who suffer from silicosis who have had to stop work because of their medical condition and because they are not able to tolerate even small exposures to dust.
Income protection claims due to silicosis
To be entitled to an income protection benefit, a worker needs to usually show that they are unable to do the work that they were doing at the time that they stopped work for the time being.
Income protection generally pays a monthly entitlement of up to 75% of your pre-disability income. Those benefits can be payable for two years, five years, until age 65 or in some rarer circumstances for the rest of your life. The benefits can be very helpful at providing meaningful financial support during a period of sickness.
Further reading regarding income protection claims
- How much will my monthly income protection benefit be?
- Your rights if your TPD/income protection/life insurance claim is under investigation
- Income protection waiting periods
- Income protection benefits for partial incapacity
- What to do if your income protection claim is rejected?
Total and permanent disability (TPD) claims due to silicosis
To be entitled to a TPD benefit, you usually need to show that you are not able to return to any work that you are reasonably trained or qualified for given your education training and experience.
Sometimes you also need to show that you’re not able to be retrained into a different job. If a TPD claim is approved, in most cases a claimant will be paid a once-off lump sum insurance benefit which can sometimes be a large 6-figure sum.
Further reading regarding TPD claims
- Your guide to making a successful TPD claim
- What to do if your superannuation TPD claim is rejected
- What’s the deal with TPD claims and your capacity to work?
- I stopped work five years ago due to illness. Can I still make a Super TPD claim?
- Why should I use a lawyer for my TPD claim?
Your injury or illness does not have to be related to your work to claim disability insurance benefits
Importantly, for the purposes of a TPD, terminal illness or income protection claim, it doesn’t matter how the exposure to silica occurred. For example, it doesn’t have to have happened at work. So, if you don’t know how the exposure occurred or if the exposure occurred other than at work, you can still make a claim.
Terminal illness benefits due to silicosis
Aside from income protection or TPD insurance, in the most serious cases, if a worker suffers from a serious lung condition that causes them to have a life expectancy of less than two years, they may be entitled to claim a terminal illness benefit.
A terminal illness benefit is the payment of the death benefit to the person whilst they are still alive. Usually, to claim a terminal illness benefit, you need to have two doctors, one of whom is a specialist, to sign a certificate confirming that you have a life expectancy of less than 2 years.
Multiple TPD or terminal illness claims
If you have more than one superannuation fund with insurance cover, you may be able to claim more than one TPD or terminal illness benefit.
If you have multiple super funds and you are considering multiple claims, it is crucial that you seek legal advice first, as the order in which you lodge these claims (depending on the specific wording in each of the policies) can affect the success of your claim.
Get help from a superannuation insurance lawyer
It is important that you get advice before making any disability insurance claim because the requirements of a TPD and terminal illness claim are different. In some super funds, the amount of the TPD benefit might be less than the amount of the terminal illness benefit. We will ensure you pursue the claim(s) that maximise any benefits payable to you.
In addition, if you claim a superannuation benefit on the grounds of terminal illness you are entitled to the benefit tax-free. However, if the benefit is claimed as a TPD benefit, there could be some tax payable depending on your circumstances, including your age.
If you have been diagnosed with silicosis or any other respiratory condition and your work capacity has been affected, you should call us so that we can look into your funds and policies and your entitlements. We can then advise and guide you so that you can make any decisions you need to make with all of the facts in front of you.
We do not charge anything for checking your entitlements and explaining them to you. If you have a claim and we act for you, we will always do so on a "no win no fee" basis.
Contacting Berrill & Watson
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📞 Brisbane: 07 3013 4300
📞 Anywhere else in Australia: 03 9448 8048
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