Concussion, Rugby League, the Law and Class Action!

With State of Origin over, let's talk about the elephant in the room... the concussion of rugby league players and whether the National Rugby League ("NRL") is liable for the long terms effects of head injuries by players.

Photograph: Cameron Spencer/Getty Images

Research from the USA suggests a connection between head injuries and chronic traumatic encephalopathy ("CTE"). Furthermore, a recent joint report by Sydney University and Royal Prince Alfred Hospital found scientific evidence of CTE in the brains of two former NRL players who each played over 100 games in their careers.

With such information and evidence coming to light, Sydney based law firms are investigating whether class action should be undertaken against the NRL, Australian Rugby League and NRL clubs ("the Parties"). This is based on the premise that the Parties have failed to protect players against incidents of concussion and that they have not allowed players sufficient recovery time to avoid sustaining permanent injury.

There are a number of key factors that this class action must address in order to bring a successful case forward, including:-

- Whether multiple claims from NRL players can amount to action against the Parties?

- How were concussions handled in the past, before the current protocols were put in place, and were players returning to competition too soon after a head injury?

- Did the Parties have a level of scientific understanding of the risks associated with mismanaging concussions at the time the players were injured and was it following best practices based on the scientific understanding at the time?

- Whether the court considers professional athletes to be employees with the right to expect a safe working environment, such as removing a player from a game or training when they are believed to have suffered a concussion?

With so many unknowns, it is clear that class action against the Parties will directly impact fan engagement and future participation in the rugby league. We will have to wait and see.

Dan Himbrechts/AAP