On the heels of the premature retirement of Melbourne’s Angus Brayshaw, AFL has returned to our screens this year with more scrutiny than ever. 

Brayshaw retired two weeks prior to the start of the 2024 season due to his ongoing concussion issues.

Concussion is an issue facing the game, with the AFL is defending two class action lawsuits based on its concussion policy to protect the players from the harsh model of the game.

One of the lawsuits, led by Geelong Cats player Max Rooke, lodged in March last year, includes more than 100 former players who have suffered concussions, as well as the families of some players who have died since retiring.

According to the AFL class action writ, Rooke was concussed on nearly 20-30 occasions, including head strikes causing unconsciousness at least twice.

Similar to the Rooke class action, a lawsuit has been filed against the Western Bulldogs club, with former player Liam Picken as the lead plaintiff.

Picken retired in 2019 after 198 games and a decade with the Bulldogs, having been diagnosed with post-concussion syndrome.

Monash University senior lecturer Dr Eric Windholz, whose research looks into sports law, said the concussion problem has been long-standing, with recent lawsuits adding more spice.

"The issue of concussion in sport has been around for a long time," Windholz said.

"It is receiving much more attention today than it has received in the past. 

"This in part is because of the lawsuits that have been brought — and there's nothing like a lawsuit, the publicity that a lawsuit attracts, the spectre of legal liability and million-dollar payouts to focus people's minds,” he said. 

Safe Work Australia states that employees injured at work can claim workers' compensation. 

A statutory scheme requires every employer to take out workers' compensation insurance that covers anyone for any injuries sustained at work, even if those injuries manifest themselves in the future.

However, athletes do not enjoy the same benefits when playing one of the roughest sports in the world.

Dr Windholz said the main reason for the lawsuits is inadequate alternative forms of insurance for athletes.

"The reason they're bringing the lawsuits, in my opinion, is that alternative forms of insurance are inadequate," he said.

"Professional athletes are excluded from that scheme as they do not have workers' compensation. And if they have any insurance provided by their employer during the currency of their career, that usually ends at the end of their career or shortly after that," he said.

"So the players have no long-term insurance coverage or long-term compensation.

"So, in effect, they are forced to go to court because there is no alternative. I think the failure is in the insurance system more than anything."

The class action is expected to take even longer, given it covers the period from 1985 to 2023 and members across multiple clubs, including some in multiple states.

Recent AFL policy change 

The AFL has updated its community football guidelines. Except for AFL and AFLW (elite levels), the earliest day for a player to return after suffering a concussion is 21 days. 

Under a new protocol announced by the AFL, all footballers playing outside the AFL and AFLW competitions must wait 21 days after suffering a concussion before returning to play.

The new protocol will operate in all other Australian football competitions, including the VFL and VFLW, Coates Talent Leagues and all community football competitions for senior and junior players.

In AFL and AFLW, where there are advanced care settings for players suffering a concussion, the mandatory minimum 12-day return to play protocol will be maintained.

The minimum 12-day protocol provides a platform for managing elite athletes under the constant care and monitoring of club medical professionals. 

Sports Medicine Australia chief executive Jamie Crain said the players and families involved in the game need to follow protocols for a better return.

"The new guidelines are perfect for all involved in or around sport, including parents, coaches, teachers, students and community and youth sports participants," Crain said in a PR statement seen by MOJO News.

"They are easy to follow and contain step-by-step actions emphasising the athlete's health," he said.

"They also recommend that the athlete return to play only after the recommended time.

"With concussion being a major issue in sport, it is imperative that all athletes, not just those competing at an elite level, have immediate access to team doctors to get the care and attention they need. 

"Sports Medicine Australia is proud of our role in developing these guidelines. They will help keep youth and community sports participants safe now and in the future."