Unable to work because of injury or illness?

This class action investigates whether Australian superannuation funds failed to properly disclose default insurance cover held inside members' accounts. Most super funds automatically provide life insurance, Total and Permanent Disability (TPD) cover, and income protection as part of your membership — but millions of Australians were never told this cover existed, how much it was worth, or how to make a claim.

You may be eligible if: (1) you have or had a superannuation account in Australia; (2) your fund held default life, TPD, or income protection insurance on your behalf; and (3) you were not properly informed about that cover or how to make a claim. This includes people who experienced a serious illness, injury, or inability to work during the period they held super — and who may have had a valid insurance claim they did not know about.

The investigation covers a broad range of Australian superannuation funds, including industry funds, retail funds, and employer-sponsored funds. Funds such as HESTA, AustralianSuper, Cbus, Hostplus, Rest, and others are being reviewed. If you are unsure whether your fund is included, registering your interest is the best first step — the legal team will assess your specific fund and situation.

If successful, claimants may be entitled to: the value of insurance claims that were not paid due to non-disclosure; interest on unpaid amounts; and/or compensation for losses suffered as a result of not being informed of your entitlements. The exact amount will depend on the type of cover held, the period of cover, and your individual circumstances. There is no guarantee of a specific outcome.

The process has three steps: (1) Register your interest at superclassaction.com.au — it takes less than two minutes. (2) The legal team at Claimsplus Lawyers will review your details and contact you to discuss your situation. (3) If you are eligible, you will be invited to formally join the class action. You do not need to do anything further until contacted by the legal team.

No. Registering your interest is completely free. Claimsplus Lawyers operates on a no-win, no-fee basis for class action proceedings. This means you will not be charged legal fees unless the case is successful. Any fees payable upon success will be clearly disclosed before you formally join.

After registering, you will receive a confirmation and be added to the claimant watchlist. Claimsplus Lawyers will review your eligibility and may contact you for further information. You will receive updates on significant milestones in the case — including any court hearings, settlements, or registration deadlines — via email or SMS.

There is no hard registration deadline at this stage of the investigation. However, limitation periods apply under Australian law, and the sooner you register, the better your position. If a court-imposed registration deadline is set, all registered claimants will be notified well in advance.

The investigation looks at whether people may have had insurance through superannuation when they stopped work due to illness, injury or disability. This may include total and permanent disability insurance, income protection insurance, death cover or other insurance attached to a super fund.

For many superannuation insurance claims, the key date is when you stopped work, became unable to work, or first met the relevant disability definition. The insurance policy in force at that time may be the policy that applies to your claim.

Not necessarily. In many cases, the important question is whether you had insurance cover at the relevant time, such as the date you ceased work or became disabled. A later account closure, rollover or fund change does not automatically mean there was no claim.

Possibly. If you had valid insurance cover when you stopped work or became disabled, a later account closure may not remove your right to investigate a claim. The claim usually needs to be assessed against the policy and fund rules that applied at the relevant time.

Possibly. Super funds can merge, rename, transfer members or close products. If your old fund is now closed or merged, the insurance records may still be traceable through the successor fund, insurer, administrator, ATO super records, old statements or employer contribution records.

Possibly. Rolling over or consolidating super after you stopped work does not necessarily remove a claim that may have existed under an earlier policy. The key issue is whether cover was active at the relevant date.

Possibly. Some people can still investigate a TPD or insurance claim years after they stopped work, especially if they had insurance cover at the date they became unable to work. Delay can create evidence issues, so old employment, medical and super records are important.

Common types of insurance through super include total and permanent disability insurance, death cover and income protection insurance. Some funds may also have had different definitions, waiting periods, exclusions or benefit structures depending on the policy in force at the time.

TPD usually means total and permanent disability insurance. It may pay a lump sum if you meet the policy definition of being permanently unable to work in your usual occupation, any occupation, or another definition set out in the relevant policy.

Income protection insurance may pay a monthly benefit if you are temporarily unable to work due to illness or injury and meet the policy requirements. It usually has waiting periods, benefit periods and medical evidence requirements.

Death cover may pay a benefit to eligible beneficiaries or the estate if the insured person dies while cover is active. The fund trustee usually decides how super death benefits are distributed, unless there is a valid binding nomination.

You can check old super statements, member benefit statements, insurance certificates, employer contribution records, ATO super records, fund correspondence, emails, payslips and bank statements. The fund or successor fund may also be able to confirm the insurance history.