AFL to face class action from former players impacted by effects of concussion

Melbourne law firm, Margalit Injury Lawyers has released a statement this morning confirming their intent to go to the Victorian Supreme Court seeking compensation for former male and female AFL players suffering from the effects of concussion. The statement did not name any players who might be taking part in the class action.

According to the ABC, the law firm's managing principal, Michel Margalit, believes severely injured former AFL players could be awarded compensation of more than $2 million each for their pain and suffering and economic loss. Margalit bases these award estimates on the outcome of class actions brought in the United States by American footballers against the NFL resulting in a $1 billion settlement.

In October 2022, the AFL released the results of an independent review which revealed that its long-running research project into concussion was under-resourced and that a key research adviser was guilty of plagiarism. Having received the final report of an independent review it commissioned earlier in 2022, the AFL apologised to past players for earlier concussion research being "under-funded" and "under-resourced".

Concussion and head knocks in football have become more high-profile issues in recent years, in part due to the deaths of former AFL players Shane Tuck and Danny Frawley who were diagnosed post-mortem with chronic traumatic encephalopathy (CTE), which has been linked to repeated blows to the head.

On 1st December 2022, an inquiry into concussions and repeated head trauma in contact sports was referred to the Senate Community Affairs References Committee for report by 21st June 2023. The inquiry has received a number of submissions from individuals and groups, all making recommendations for change, from adapted rules to more research funding and an Australia-wide concussion registry.  

In a submission lodged with the inquiry, Margalit Injury Lawyers says former players may also be able to individually sue the AFL or their clubs for negligence.

The law firm is echoing calls for an overhaul of current workers' compensation schemes, given professional sport players are exempt from coverage.

Veteran sports agent and long-term concussion campaigner, Peter Jess has previously accused the AFL of downplaying the serious risks of long-term injury, of failing to protect players and of being too slow to adopt new concussion-detecting technology.

Margalit said none of the injured players her firm had spoken to had received any form of compensation for the injuries they sustained while playing AFL and noted "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.

 "As it stands, AFL players are excluded from seeking WorkCover in Victoria which stop them making claims for medical and other expenses and weekly payments."