Dozens of Australian Football League players who suffered concussions could be awarded millions of dollars as part of a landmark class action.
A Melbourne law firm is preparing to launch a multimillion-dollar case against the AFL in the Supreme Court after “numerous” male and female players sustained head injuries while playing.
Margalit Injury Lawyers Managing Principal Michel Margalit said for many current and former players, their quality of life had declined after being injured, and they should be compensated.
“The former players have told us heartbreaking stories of the impact that concussion sustained playing in the AFL has had on their personal lives, their families and their career after their footy ended,” Margalit said.
“Players often enter into AFL careers as teenagers, without the life experience or perspective to understand the life-long debilitating impacts of concussion. These players need to be protected and adequately cared for if injured.”
The firm has spoken to multiple current and former players who are willing to join the class action.
Margalit is calling for an overhaul to the current workers’ compensation scheme, as AFL players are currently excluded from seeking WorkCover in Victoria.
She believes severely injured former players could be awarded compensation of more than $2 million (US$1.34 million) each for their pain and suffering and economic loss.
In a statement to AAP on Monday, the AFL said it takes the health and well-being of players seriously.
“The AFL has made more than 30 changes to concussion protocols, tribunal guidelines and on-field rules over the past two decades to further protect the head and improve the response to head knocks in our game in accordance with current and evolving science,” a spokesman said.
Concussion refers to an injury that affects brain function and is usually caused by a direct blow to the head, face or neck or an impact to another part of the body.
It can also lead to the deadly neurodegenerative disease, chronic traumatic encephalopathy (CTE).
The high-profile death of former Richmond player Shane Tuck three years ago reignited public concerns around concussion and CTE.
The midfielder died aged 38 after a battle with his mental health, and an autopsy found he had CTE.
The condition can only be diagnosed after death and was found in other prominent former players, including Danny Frawley and Graham “Polly” Farmer, who both donated their brains to research.
In 2020, former Melbourne player Shaun Smith won $1.4 million in damages from his insurance company after suffering a series of on-field concussions.
Former AFL player Ty Zantuck was also cleared by the Supreme Court to sue Richmond Football Club last year after being diagnosed with suspected CTE in 2021.
That same year the AFL expanded its return-to-play protocol that includes a mandatory 11-step, minimum 12-day post-concussion recovery and rehabilitation period for all levels of Australian Football.
