Help CentreInstitutional Abuse and Personal Insurance Claims
Institutional abuse can have devastating, long-term effects, impacting survivors physically, emotionally, and psychologically. In Australia, survivors of sexual, physical, or emotional abuse can claim financial benefits through several legal avenues, including superannuation-based claims such as Total and Permanent Disability (TPD) and Income Protection (IP). These claims provide essential financial support for survivors who are unable to work due to the trauma caused by abuse.
At Claimsplus Lawyers, we specialise in managing TPD and IP claims to ensure survivors receive the financial benefits they deserve. We also work with a trusted network of institutional abuse specialists across Australia to help survivors access the full range of compensation options and provide comprehensive legal support.
No Need to Prove Abuse for TPD and IP Claims
A key advantage of TPD and IP claims over other compensation avenues is that there is no need to prove that you were abused to be successful with these claims. You simply need medical evidence that supports you are permanently unable to work due to your illness or injury. This is a significant difference from claims for compensation through the National Redress Scheme or court (personal injury claims), where failure to prove that the abuse occurred, or when and where it happened, can result in a claim being denied.
For TPD claims, it’s only necessary to demonstrate that:
- You are permanently unable to work due to illness or injury.
Similarly, to be successful with an Income Protection (IP) claim, you need to show:
- That you have ceased work due to illness or injury.
- That you are unable to perform your normal job duties.
- That you are not working due to illness or injury.
You will usually need to provide proof for each month that you are not working and claiming a benefit. This type of proof is typically sufficient for both TPD and IP claims, making it more straightforward compared to other compensation processes.
Impact of IP Claims on Personal Injury Claims
It is important to note that claiming an Income Protection (IP) benefit could potentially impact your personal injury claim. Receiving an IP benefit may reduce the amount you can be awarded for loss of income in a personal injury claim. This is because both the IP benefit and the personal injury claim address the issue of income loss. Therefore, it’s essential to carefully consider this interaction when pursuing both types of claims.
National Redress Scheme and Superannuation Benefits
The National Redress Scheme (NRS) was established to support survivors of institutional child sexual abuse. While the NRS offers up to $150,000 in compensation, counselling services, and an apology from the responsible institution, it may not fully address the financial needs of survivors—especially those unable to work due to the long-term effects of abuse.
TPD and IP claims within their superannuation are essential for long-term financial security for survivors who can no longer work. These claims can provide significant payouts to help cover medical expenses, living costs, and lost income.
Compensation Schemes and Personal Injury Claims by State
Each Australian state offers unique compensation pathways for survivors of institutional abuse, including personal injury claims and state-based compensation programs. These programs allow survivors to seek compensation for:
- Pain and suffering
- Medical expenses
- Psychological treatment
- Lost income
Understanding the compensation options available in each state is essential for maximising financial benefits.
1. New South Wales (NSW)
Survivors in NSW can access compensation through the National Redress Scheme and Victims Services, which offers:
- Payments for urgent medical and psychological care.
- Compensation for lost income.
- Recognition payments for significant trauma.
Survivors with conditions like Post-Traumatic Stress Disorder (PTSD), depression, or anxiety due to abuse can also claim TPD and IP benefits through their superannuation. Claimsplus Lawyers can help maximise these claims, ensuring financial stability.
2. Victoria (VIC)
In Victoria, survivors can access the Victims of Crime Assistance Tribunal (VOCAT), which provides compensation for:
- Medical and psychological treatment.
- Loss of earnings.
- Pain and suffering due to abuse.
Victoria has no time limit for civil claims related to child sexual abuse, giving survivors greater flexibility. TPD and IP claims are available for those suffering from chronic depression, anxiety disorders, or PTSD. Claimsplus Lawyers can guide you through this process to maximise your payout.
3. Queensland (QLD)
Queensland offers compensation through Victim Assist Queensland, which covers:
- Medical and psychological services.
- Financial support for lost income.
- Special payments for severe trauma.
Survivors with mental health conditions like complex PTSD, major depressive disorder, or generalised anxiety disorder may qualify for TPD or IP claims through their superannuation. Claimsplus Lawyers can manage your claims to ensure you receive all the benefits you are entitled to.
4. Western Australia (WA)
WA provides compensation through the Criminal Injuries Compensation Scheme, which includes:
- Payments for medical and psychological treatment.
- Compensation for lost earnings.
- Compensation for pain and suffering caused by abuse.
Survivors suffering from trauma-related anxiety, panic disorder, or chronic depression can also pursue TPD and IP claims. Claimsplus Lawyers helps secure these benefits, ensuring your financial security.
5. South Australia (SA)
Survivors in SA can access the Victims of Crime Compensation Scheme, which covers:
- Medical and psychological treatment.
- Compensation for lost income.
- Payments for pain and suffering.
For survivors with conditions like PTSD, bipolar disorder, or other mental health issues caused by abuse, TPD and IP claims provide essential financial relief through their superannuation. Claimsplus Lawyers ensures these claims are processed efficiently.
6. Tasmania (TAS)
The Victims of Crime Assistance Scheme in Tasmania offers:
- Payments for medical and psychological care.
- Compensation for lost income.
- Special assistance payments for trauma and suffering.
Survivors suffering from dissociative identity disorder or chronic anxiety can also claim TPD and IP benefits. Claimsplus Lawyers helps maximise these claims to ensure financial support.
7. Australian Capital Territory (ACT)
The Victims of Crime Financial Assistance Scheme in the ACT provides:
- Compensation for medical and psychological services.
- Payments for lost income.
- Special assistance for severe trauma.
Survivors unable to work due to PTSD, depression, or other mental health conditions may qualify for TPD and IP claims. Claimsplus Lawyers manage these claims to maximise benefits.
8. Northern Territory (NT)
The Crime Victims Services Unit in the NT offers:
- Payments for medical and psychological treatment.
- Compensation for lost income.
- Special payments for severe trauma.
For survivors suffering from complex PTSD, generalised anxiety disorder, or major depressive disorder, TPD and IP claims are crucial for financial support. Claimsplus Lawyers assist in processing these superannuation claims.
How Claimsplus Lawyers Simplifies TPD and IP Claims
At Claimsplus Lawyers, we are committed to securing the maximum benefits for survivors of institutional abuse through superannuation-based TPD and IP claims. Many survivors face permanent physical or mental health conditions that prevent them from working, making these claims vital for long-term financial security.
Some common conditions caused by institutional abuse that qualify for TPD and IP claims include:
- Post-Traumatic Stress Disorder (PTSD).
- Complex PTSD.
- Major depressive disorder.
- Generalised anxiety disorder.
- Bipolar disorder.
- Dissociative identity disorder.
- Panic disorder.
- Chronic depression.
We offer a free super claim check to assess your eligibility for TPD and IP benefits. Here’s how we simplify the process while securing your entitlements:
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Expert Handling of Super Claims: Our specialists manage every step of the TPD and IP claims process, ensuring you receive the maximum payout from your super fund. We handle all paperwork and liaise with insurers so you can focus on your well-being.
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We Reduce Your Stress: Dealing with insurers, doctors, and paperwork can be overwhelming, especially when dealing with permanent health conditions. We manage all interactions, reducing your burden.
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Flexible Fee Options: Fixed Fee and No Win, No Fee: We offer both fixed fee and no win, no fee options, providing flexibility and transparency. The fixed fee option gives you upfront clarity on costs with no surprises, while the no win, no fee option ensures you only pay if your claim is successful.
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Comprehensive Support: We handle your superannuation claims and work closely with a trusted network of institutional abuse specialists, ensuring all compensation avenues are explored.
At Claimsplus Lawyers, we recognise that many survivors may not recover, making financial security crucial. We aim to make claiming your entitlements as smooth and stress-free as possible. Whether you choose a fixed fee or no win, no fee arrangement, we handle the complexities of dealing with insurers and other parties, ensuring you receive the benefits you deserve for long-term.
Please contact us for a confidential discussion on how we can help you.
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