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AFL concussion class action planned, with Melbourne law firm set to launch case for compensation in Victorian Supreme Court

Concussion is a leading health concern in today's AFL men's and women's competitions. (Getty Images: AFL Photos/Matt Turner)

The AFL is set to face a class action from former players suffering from the effects of concussion, with a Melbourne law firm signalling it is preparing to go to the Victorian Supreme Court seeking compensation.

Margalit Injury Lawyers released a statement on Monday morning confirming their intent to take the action, after speaking to "numerous" injured male and female players.

The firm's managing principal, Michel Margalit, said that following class actions brought in the United States by American footballers against the NFL resulting in a $1 billion settlement, she believed severely injured former AFL players could be awarded compensation of more than $2 million each for their pain and suffering and economic loss.

The statement did not name any players who might be taking part in the class action.

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.

Ms 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 Aussie Rules.

"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,'' Ms Margalit said.

"Players often enter into AFL careers as teenagers, without the life experience or perspective to understand the lifelong debilitating impacts of concussion.

"These players need to be protected and adequately cared for if injured.

"The cost of Australian society receiving so much joy from the game is the obligation to care for our players. The time has come for change and to do what is right,'' Ms Margalit said.

In a statement made in response to the impending legal action, the AFL said the health and safety of players at all levels of the game was its priority.

The AFL said it took "concussion and the protection of the brain health of all those playing our game extremely seriously", citing changes made to concussion protocols, tribunal guidelines and on-field rules in the past 20 years to protect players' heads and improve the response to head knocks "in accordance with current and evolving science". 

The Senate Standing Committee on Community Affairs is currently conducting an inquiry into the impact of concussion in contact sports.

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.

"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,'' Ms Margalit said.

"AFL is big business and it is appalling to think that players are excluded from receiving care and compensation, while AFL executives on astronomical wages hold these entitlements.''

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