Concussion Class Action Looms Again Over the AFL

Following years of discussion and controversy, a class action is looming over the AFL, brought on behalf of former AFL players suffering from the long -term effects of concussion. The Melbourne law firm representing the former players, Margalit Injury Lawyers, has indicated that they are undertaking preparation to bring an action for compensation in the Victorian Supreme Court. It is believed by the firm that players who have suffered severe concussions could obtain compensation of more than $20 million on the basis of ‘their pain and suffering and economic loss.’ There is also the possibility of individual claims against the AFL or its clubs for negligence, says Margalit Injury Lawyers. For context, concussion is now named as the most common injury in the AFL.

The AFL states that it took ‘concussion and the protection of the brain health of all those playing our game extremely seriously.’ In their statement released on the 28th of February, the AFL has emphasised the 30 plus amendments that it has made over the last 20 years to ‘concussion protocols, tribunal guidelines and on-field rules to further protect the head and improve the response to head knocks in our game in accordance with current and evolving science.’ It remains to be seen as to whether this is a sufficient response from the AFL given the looming legal action and growing public concern over the impacts of concussion.

There is currently an inquiry being conducted by the Senate Standing Committee on Community Affairs on the impact of concussion in contact sports. The Senate Inquiry is looking into the concussion guidelines and protocols of various contact sports. The Senate Inquiry has so far heard that there is a lack of legal guidance regarding a duty of care in this context for concussion injuries. The inquiry is set to hand down its report by the 21st of June this year.

For several years, concussion has been a large topic of discussion in the AFL with two former AFL players being diagnosed with Chronic Traumatic Encephalopathy (CTE). This condition is not currently fully understood, which is perhaps an indicator that concussion rules and protocols should be taken far more seriously than they are currently being taken. In the background of this legal action, it is important to note that AFL players are currently not able to seek compensation under WorkCover Victoria. Margalit Injury Lawyers are also pushing for this system to be amended to allow for injured players to take the time away from the game to adequately recover without the financial stresses.

If you are interested in learning more about the planned AFL concussion class action, please check out this article by the ABC : https://www.abc.net.au/news/2023-02-27/afl-to-face-class-action-over-concussion/102026166