AFL faces player insurance crisis after concussion waiver controversy

The Australian Football League (AFL) is grappling with a significant player insurance dilemma following a controversy involving a concussion waiver signed by Geelong player Jake Kolodjashnij. An independent investigator, James Peters KC, concluded that Geelong did not err in allowing Kolodjashnij to sign an "acknowledgement of risk" letter. This waiver absolved the club of legal obligations should he suffer future injury or damage from concussions.

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We do not make any adverse findings against Geelong or its Board for deciding to enter into an agreement with Mr Kolodjashnij seeking to mitigate the legal exposure to Geelong.

Kolodjashnij agreed to assume the legal risk to continue his career after the AFL's Concussion Panel could not definitively clear him to play. While the AFL fined Geelong $140,000 for contract alterations and failing to lodge the document, Peters' report explicitly stated no adverse findings against the club for mitigating its legal exposure. This leaves open the possibility of similar agreements in the future, a prospect that concerns many.

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If that [a proposed waiver] takes away from the minimum terms that have been bargained for by the Players Association … it would require approval from the Players Association.

Players, facing average salaries of around $500,000, have strong financial incentives to continue playing despite injury risks. However, AFL CEO Andrew Dillon and AFL Players Association CEO James Gallagher have both emphatically stated that such waivers will not be approved going forward. Dillon explained that any waiver impacting minimum employment terms would require Players Association approval, which would not be granted in cases concerning player health and safety.

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Anything that looks like it could possibly change the terms and conditions of a player's employment has to come to both the AFL and the AFLPA for approval.

Kolodjashnij has not returned to play since the waiver story broke. Gallagher confirmed the player is undergoing ongoing medical assessment. He stressed that any agreement potentially altering employment terms, especially those related to health and safety, would face stringent review and likely rejection by both the AFL and the AFLPA, ensuring such waivers do not reappear.

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And quite clearly if it relates to a player's health and safety, those things won't be approved moving forward.