The Times Australia
Business and Money
The Times Real Estate

.

Why sports stars get less support than other injured workers – and how we can fix it

  • Written by Eric Windholz, Senior Lecturer and Associate, Monash Centre for Commercial Law and Regulatory Studies, Monash University
Why sports stars get less support than other injured workers – and how we can fix it

Inadequate, inequitable, and in some cases possibly in breach of workers’ compensation laws. That’s how bad the current insurance arrangements are for Australia’s professional sports people, who get less support for long-term injuries than other workers, and less support than if they’d been playing in New Zealand.

That is part of what I told the current Senate inquiry[1] into concussion and repeated head trauma in sport, speaking as a researcher in work health and safety law in professional sport, and as a former general counsel and general manager with the Victorian WorkCover Authority and WorkSafe Victoria.

The AFL has been in the spotlight following news of a class action[2] led by retired Geelong premiership player Max Rooke, on behalf of more than 60 former Australian Football League players. The law firm leading the class action claims Rooke suffered “permanent, life-altering injuries[3]” from concussion.

The lawsuit comes as the AFL prepares to follow the NRL and Rugby Australia[4] in appearing before the Senate inquiry.

However, as my submission[5] to the inquiry pointed out, the issue of workplace safety and injury support affects far more than just Australia’s football codes.

Players are employees – who aren’t covered for long enough

Last month, I told the Senate inquiry that professional sporting organisations were employers[6], and their players employees.

Under work health and safety law, employer sporting organisations have a statutory duty to do what is reasonably practicable to prevent injuries to their employees.

Because eliminating all injuries is not a realistic expectation, employers provide insurance to support injured players.

The first symptoms of chronic traumatic encephalopathy (CTE) take years to decades[7] to develop, by which time the players who have them are usually no longer playing professionally and no longer insured.

Read more: What does concussion do to the brain?[8]

Their employer-supported insurance arrangements usually lapse either when their contracts expire or shortly after. This means they don’t adequately support the treatment of injuries that become evident years after the athlete’s career ends.

There are many stories[9] of former AFL players and players in other leagues who suffer such severe memory loss that they can no longer recall their achievements and their clubs and leagues won’t help.

Joe Castro/AAP No workers’ compensation, unlike NZ Worse still, exemptions from state and territory employer-funded workers’ compensation schemes deny professional sportspeople the fallback protection afforded to other workers. In the absence of workers’ compensation, the primary medical obligation transfers to Medicare, shifting it from employers and state governments to taxpayers and the federal government. The exemptions were introduced in the 1970s at a time when athletes first started to be paid well and leagues and clubs were concerned about their financial capacity to pay workers’ compensation premiums. There also were perceptions that sport was not “normal” work, and (part-time) athletes were not workers. The arguments are redundant in a world in which sport has been corporatised and commercialised. Read more: Is the NRL legally liable for the long-term impacts of concussions?[10] Confusing things still further is that some of the exemptions from workers’ compensation are ineffective, failing in NSW and Tasmania to exclude professional players whose contracts remunerate them for activities other than sport such as promotions. In the Northern Territory, players who earn more than 65% of average weekly earnings are not excluded. There, the intention is to ensure coverage for professional players who derive a substantial part of their livelihood from sport, the opposite of the intention in other jurisdictions. The exemptions stand in stark contrast to New Zealand, where its accident compensation scheme draws no distinction between sport and other injuries. Sporting organisations with operations in NSW, Tasmania and the Northern Territory that have not taken out workers’ compensation policies for their players may be operating in breach of their obligations. This should not come as a total surprise. Sporting organisations have a history[11] of failing to comply with their obligations as employers. For many, the reality is even worse Down the hierarchy from elite sports, to sports where professionals are part-time (including many women’s sports), the insurance offered shrinks. It has time limits to payments for lost income – the highest I have seen is 104 weeks. It has excesses. For payment of medical expenses, it often requires the athlete to take out private health insurance. And while many sports pay out-of-pocket gap fees, that obligation usually expires on, or shortly after, termination of the contract. The longest obligation I’ve seen after the termination of a contract – and these contracts are generally not public – is 18 months. That’s shorter than it takes for many traumatic brain injuries to become evident, and those injuries last a lifetime, well beyond 18 months after playing. Legal action isn’t the best solution The rationale for the continued exclusion of professional players from workers’ compensation rests on the assumption that employers are making alternative arrangements, and that they are adequate. This clearly isn’t the case for long-term and long-latency injuries arising from concussions and repeated head trauma. Expensive, time-consuming and unpredictable litigation of the kind now underway is a poor substitute for properly compensating athletes for injuries suffered in their line of work. The insurance and compensation arrangements for professional players ought to be no less than that provided to other Australian workers. The starting point should be their inclusion in workers’ compensation schemes. The Senate inquiry presents an opportunity to construct a scheme tailored to the unique circumstances of professional sport – one that is no less generous than those applying to other Australian workers. Read more: Concussion risks aren't limited to the AFL. We need urgent action to make sure our kids are safe, too[12] References^ Senate inquiry (www.aph.gov.au)^ class action (www.supremecourt.vic.gov.au)^ permanent, life-altering injuries (www.abc.net.au)^ follow the NRL and Rugby Australia (www.theguardian.com)^ submission (www.aph.gov.au)^ were employers (parlinfo.aph.gov.au)^ years to decades (www.mayoclinic.org)^ What does concussion do to the brain? (theconversation.com)^ many stories (www.theguardian.com)^ Is the NRL legally liable for the long-term impacts of concussions? (theconversation.com)^ history (www.researchgate.net)^ Concussion risks aren't limited to the AFL. We need urgent action to make sure our kids are safe, too (theconversation.com)Authors: Eric Windholz, Senior Lecturer and Associate, Monash Centre for Commercial Law and Regulatory Studies, Monash University

Read more https://theconversation.com/why-sports-stars-get-less-support-than-other-injured-workers-and-how-we-can-fix-it-200702

SME Business News

Albanese government looking to acquire Rex Airlines if buyer can’t be found

The Albanese government will on Wednesday announce it is willing, as a last resort, to purchase the collapsed Rex Airlines, in its latest bid to prop up aviation services to regional and remo...

The Legal Battle Against IP Theft: What Businesses Need to Know

So you've formulated that million-dollar idea and you're ready to take your business to the next level. You were so excited to publicize your supposedly next big thing that you went on TikTok...

Top 20 SEO and Guest Post Services in Wyoming Helping Brands Expand Their Reach

Today’s business needs to have strong online visibility to grow and reach more customers. Guest post services and SEO services make it easier for the brand to rank higher on their search engine...

Everything You Need to Know About PLR Digital Products to Resell for Maximum Passive Income

In the ever-evolving digital product world, the concept of Private Label Rights (PLR) has emerged as a lucrative opportunity for entrepreneurs who aim to generate passive income. PLR digital prod...

The Times Features

A Simple Guide to Assembling a Home Electrical Toolkit

Having a well-equipped home electrical toolkit is essential for any homeowner. It allows you to tackle minor repairs and conduct routine maintenance with confidence. Imagine the ...

48 Hours in Hobart: The Ultimate Weekend Itinerary

Nestled between the towering Mount Wellington and the sparkling waters of the Derwent River, Hobart is a charming city that offers an intriguing blend of natural beauty, rich histo...

Lunchtime Facelifts: Quick & Effective Procedures for Busy Professionals

Busy professionals often find themselves juggling demanding careers, family obligations, and social commitments. With such a tight schedule, it can be difficult to make time for ...

Visual Guide to Distinguishing Ants from Termites

Distinguishing ants from termites is crucial for homeowners who wish to protect their properties from structural damage. These tiny creatures, though seemingly unthreatening, can...

‘Active recovery’ after exercise is supposed to improve performance – but does it really work?

Imagine you have just finished a workout. Your legs are like jelly, your lungs are burning and you just want to collapse on the couch. But instead, you pick yourself up and ...

Plumber Rates In Canberra: What You Need To Know Before You Hire

When plumbing issues arise, most homeowners in Canberra have one major question: How much will a plumber cost? Whether it’s a leaking tap, a burst pipe, or a full bathroom renova...

Business Times

Albanese government looking to acquire Rex Airlines if buyer can’…

The Albanese government will on Wednesday announce it is willing, as a last resort, to purchase the collapsed Rex Airline...

The Legal Battle Against IP Theft: What Businesses Need to Know

So you've formulated that million-dollar idea and you're ready to take your business to the next level. You were so excit...

Top 20 SEO and Guest Post Services in Wyoming Helping Brands Expa…

Today’s business needs to have strong online visibility to grow and reach more customers. Guest post services and SEO servi...

LayBy Shopping