A recent article by News Corp has revealed that an AFL player reportedly signed a contract with his team that absolves the club of any future liabilities related to brain injuries. This contract was signed approximately two years ago, in light of the player’s elevated susceptibility to concussions.
The AFL Players Association (AFLPA) has confirmed that it is currently engaging in talks with the AFL regarding this contract, particularly as a significant class action lawsuit concerning concussions is scheduled to be heard in court next year. The AFLPA’s involvement follows revelations that a Victorian club required a player with a history of head injuries to accept full legal responsibility for any potential future brain injuries.
According to the report published by News Corp, the club mandated the player to sign this agreement as a means of protecting itself and its medical personnel from potential legal challenges in the future. The player, whose identity remains undisclosed, is still active in the AFL and signed the agreement two years ago. The club believed that this arrangement was essential for the player to continue competing given his previous concussion history.
The contract reportedly contained a clause that required the player to “assume the physical and legal risk of loss, damage, or injury” related to any subsequent concussions. It also acknowledged the fact that the player was at a heightened risk of sustaining further concussions and could experience more severe consequences if he incurred additional head injuries.
This reported contract has faced significant backlash from concussion advocates, medical experts, and the AFL Players Association, who stated they were not aware of such an agreement. James Gallagher, the AFLPA’s chief, emphasized in a statement to ABC Sport that clubs cannot unilaterally absolve themselves of their duties as outlined in the Collective Bargaining Agreement and Standard Playing Contract, nor can they evade their obligations under health and safety regulations.
“It is crucial to note that no player is allowed to return to play or training unless they have been medically cleared to do so,” Gallagher added. “We are in discussions with the AFL to gain clarity on this situation and to ensure such practices are not repeated at the professional level.”
The issue of concussions and head injuries is increasingly critical in the AFL. Numerous players, including former Melbourne star Angus Brayshaw, West Coast defender Jeremy McGovern, and premiership player Nathan Murphy, have had to retire due to repeated concussions. Additionally, several deceased athletes, such as Danny Frawley and Shane Tuck, were diagnosed posthumously with chronic traumatic encephalopathy (CTE), a degenerative brain disease linked to head trauma.
Moreover, a multi-million dollar class action lawsuit against the AFL, spearheaded by former Geelong defender Max Rooke, is set to proceed to trial in the Supreme Court of Victoria next year.
