Tackling concussions in AFL: What are the players’ rights?

For too long, concussions in AFL were considered ‘just part of the game’. But as awareness and understanding of the dangers of concussions has grown, so too has the recognition of players’ rights to adequate protection and compensation if they experience permanent injuries. Reducing the risk of concussions in the sport has become a focus both on and off the field.

It is hard to comprehend that not long ago, clubs and players' attitudes were to push through and keep playing. 

What is concussion and its risks?

Classified as a mild traumatic brain injury, concussion can have numerous long-term implications, ranging from increased risk of mild cognitive impairment to more severe neurodegenerative disease^[1]. It's also now understood that after one concussion, a person becomes more susceptible to sustaining another one and that further concussions can occur with less force and take longer to resolve.

In AFL, a contact sport in which tackling, hip and shouldering, and contesting the ball are all part of the play, it’s unsurprising that concussions are not uncommon. 

What is the AFL doing to limit concussions?

The AFL has introduced new rules requiring a player with a concussion to come off immediately and follow the 12-day recovery policy for elite men’s and women’s competitions. A new 21-day protocol has also been implemented for players in the VFL and all local competitions, including those playing at a community level.

It has also been recommended that the league introduce independent doctors to all AFL and AFLW matches. These doctors would have a say alongside the club doctors when assessing players with suspected head injuries.

In addition, the AFL has introduced “return to play protocols,” which require a player to have a medical clearance before returning to full-contact training.

The AFL has also implemented rule changes for head-high contact and tackles where a player’s head strikes the ground. 

It has also been recommended that the AFL continues to assess the use of mouthguard accelerometers and protective helmets as other ways to measure and limit concussion.

The AFL has pledged, "We will continue to strengthen protocols and the education of clubs and players as to why this issue is taken so seriously”.

While these changes are a step in the right direction, sadly, there have been too many players – past and present – who suffer serious and tragic consequences of repeat concussions.

CTE and the Tragic Story of Shane Tuck

One of the most notable and tragic cases in recent years is the death of Shane Tuck, a former Richmond player with a 173-game career from 2004-2013, who sadly died in 2020 at the age of 38.

Tuck’s mental health deteriorated rapidly in the last years of his life. In his sister Renee’s testimony to the Victorian State Coroner, Judge John Cain, she said he heard voices in his head, which were relentless despite the medication he was taking.

It was only after his death by suicide that Tuck was found to have been suffering from severe chronic traumatic encephalopathy (CTE), the debilitating neurodegenerative disease caused by repeated head trauma, which can only be definitively diagnosed by autopsy.

The symptoms of CTE include cognitive impairment, behaviour changes, motor symptoms, and mood disorders. These symptoms only get worse with time.

“We will never be fully healed or set free from the experience of watching Shane being taken away from us and from himself slowly and in such a cruel manner by this disease, unable to do anything to stop his pain and suffering,” said Renee.

In his findings, Judge Cain accepted that Tuck had received repeated knocks to the head during his football career and while competing as a professional boxer.

Tuck’s family donated Shane’s brain to the Australian Sports Brain Bank for research and the hope that a better understanding and awareness of CTE will help prevent more players from suffering from the disease.

Another tragic reminder of the links between concussions and CTE is that of former St Kilda and Richmond player Danny Frawley, who died in 2019 when his vehicle left the road and struck a tree.  A Coroner ruled his death a suicide.  He was found to have had stage two CTE caused by repeated head injuries during his playing career.

We have also recently seen the forced retirement of a young AFL recruit who had not even played his first AFL game due to a significant head injury he suffered during a pre-season training session in January this year.

The legal action bringing these issues to the forefront

The AFL is facing numerous allegations of historical negligence in its management of concussions. The players taking legal action believe the AFL breached its duty of care to protect them from harm. It will likely take years of litigation before reaching outcomes.

To be eligible for compensation for sporting injuries, including the permanent damage caused by concussion, players need to prove negligence by the sporting body that owed them a duty of care. The injured player must also show that their injury satisfies the “significant injury threshold”, being a greater than 5% whole person impairment (WPI) for a physical injury, a 5% or greater WPI for a spinal injury or a 10% or greater WPI for a psychiatric injury.

One such player is Gary Ablett Snr, who is now suffering from brain damage caused by head injuries during his football career. His lawyers argue that Ablett’s former clubs, Geelong and Hawthorn, breached their duty of care, which resulted in him suffering injury, loss and damage – for which he is seeking compensation.

Another player, Liam Picken, who played for the Bulldogs from 2009 to 2019, will request medical records and concussion test documents from his former club.

Picken alleges that his club continued to play him after the failure of those tests.

Where to now?

With so many players coming forward with their stories of brain damage caused by concussion and its devastating impact, the players bring a strong case for compensation if they can prove the AFL was negligent.

As the legal proceedings unfold, the spotlight remains on the AFL's duty of care towards its players and the broader implications for sports governance.

If successful, this litigation will set a precedent in the future for players claiming compensation for injuries caused by concussions.

You should speak to a lawyer if you have suffered a head injury. Our public liability lawyers can help you learn if you may be entitled to compensation and what to do next.

Contact us today to find out how we can help you.