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Hello, I have been off work for 3 months due to a heart condition.

 
Sydney-Lawyer's Avatar
  • Answered by:Sydney-Lawyer
  • Solicitor
  • Positive Feedback: 96.1 %
  • Accepted Answers: 16743
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Customer Question

Hello, I have been off work for 3 months due to a heart condition. It has taken at least 2 months to get to see a cardiologist. As part of my employment agreement I have salary continuance with AXA. They have recieved all documentation including doctors certificates. I have not recieved a payment from them yet.
Am I still eligable to get my payment if I resign from this employer now?

 

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State/Territory: WA

Already Tried:
The insurance agent seems to be stalling the process, constant phone calls, they have everything asked from me.

Submitted: 300 days and 3 hours ago.
Category: Australia Law
Value: AU$84
Status: CLOSED
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Expert:  Sydney-Lawyer replied 300 days and 2 hours ago.

Good Afternoon,


Is this a workers compensation matter or simply sick leave?

Customer replied 300 days and 1 hours ago.

sick leave, it is called salary continuance, it is not a work related illness.

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Expert:  Sydney-Lawyer replied 300 days and 1 hours ago.

Good Afternoon


Thank you for your question. To Introduce myself I am a sydney based Solicitor and will do my best to provide you with information to answer your question.

I assume it is a form of income protection insurance.

You are entitled to be paid sick leave until you're sick leave entitlements expire with your employer, and my understanding with income protection insurance is that after a set period they start making payments.

Some policies expect that you must be off work for 3 months before they will start paying you. This means if your policy is the same and you're sick leave entitlements at work have been used up then from the date you were unable to work until the period kicks in you will not receive any money.

In order to be 100% certain of what the waiting period is before you become entitled to be paid in need to look at the product disclosure statement or speak to the insurer direct.

You are entitled to be paid for the period you're off work but there is a period from the date of the injury that you must wait before you can be paid.

As it is an insurance policy you are entitled to be paid until you are ready to go back to work. It is not based on whether you are employed or unemployed. Your resignation should have no impact on this policy and the payments you are entitled to receive.

To be 100% certain of this again in need to look at the product disclosure statement that covers your policy.

I hope this is of assistance. If you have any further queries relating to this question please do not hesitate to contact me.

Having answered your question I would like to explain how I am paid for my work. The rating given by you, for my answer will decide whether or not I will be paid for my work.

At the end of this post you will see 5 faces asking you to rate my work. Selecting either of the 2 the unhappy faces means you are not happy with my answer and do not wish me to be paid for my work. The other 3 mean I am paid.

I would prefer you rate me at the very end of our session not after each response. This way I can be sure you have an answer that assists you and you can rate the whole experience.

If you want more information after I respond, or wish to have something cleared up, select "Reply so Sydney-Lawyer" or "Reply to Expert" and we can continue until you are satisfied.

I am here to assist you as quickly as possible, and you rating each post will delay the process as it does not tell me what the issue is. I would prefer you ask me questions than rating the response and not providing me with further questions.

Expert TypeSolicitor
Category: Australia Law
Pos. Feedback: 96.1 %
Accepts: 16745
Answered: 6/27/2012

Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

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