Here's the clause in the CBA.....
CBA 2003-08 Pages 58-62http://aflpa.com.au/sites/all/files/AFLPA_AFL_CBA_2003_2008_FINAL.pdfSCHEDULE B
Minimum Terms and Conditions11. Injury Payments 11.1 (a) Where a Player:
(i) suffers a Final Year Injury; and
(ii) makes an application to the AFL for compensation in accordance with this sub-paragraph, the AFL Club shall pay that Player 50% of the Player’s contract base payment as at the last year of the Contract.
(b) In this Agreement: “Final Year Injury”:
(i) means injury which:
(A) occurs in the last year of a Player’s contract with an AFL Club;
(B) occurs in the course of the Player’s employment as an AFL footballer, including travelling to and from training, Matches or other activities authorised by the AFL Club; and
(C) in the opinion of an independent medical practitioner, will prevent or be likely to prevent the Player from ever playing football at senior level in any competition;
(ii) does not include an injury which:
(A) is caused or contributed to by the Player’s own negligence; or
(B) in the opinion of an independent medical practitioner, is part of and principally caused by a Pre-existing Condition or Injury or a de-generation of a Pre-existing Condition or Injury.
"Pre-existing Condition or Injury" means a condition or injury that has existed for more than 24 months.
(c) An application under sub-paragraph 11.1(a) must be made within 24 months of the Player’s exit medical examination organised by the AFL Club under this Agreement.
(d) For the purposes of this paragraph 11.1, the independent medical practitioner will be:
(i) appointed by the AFL Medical Officer, following consultation with the Player, the AFLPA Medical Officer and the Player’s Medical Club Officer; and
(ii) independent of the AFL, the Player and the Player’s Club.
(e) The Player must inform the independent medical practitioner of all treating medical practitioners and must provide the independent medical practitioner with or consent to the independent medical practitioner being provided with all medical information relating to the Player, and the Player’s Club must provide to the independent medical practitioner all relevant medical information that it holds in relation to the Player.
(f) A Player may appeal a decision of an independent medical practitioner decision on clinical or medical grounds, such appeal to be heard by a second independent medical practitioner appointed by the AFL medical officer, following consultation with the Player, the AFLPA medical officer and the Club medical officer.
(g) A Player agrees that any amount he receives under this paragraph 11.1 shall be set off against any amount of compensation ordered to be paid by or agreed to be paid by the Club to the Player with respect to the injury except for payments or benefits the Player is entitled to under the provisions of this Agreement.
11.2 Where a Player is injured in the last year of the Player’s contract with an AFL Club and the last match the Player played was in a State Body competition and that Player is delisted at the conclusion of his contract and the injury will, in the opinion of the AFL Medical Officer, after consultation with the AFL Club Medical Officer, prevent or be likely to prevent a Player, having regard to his health and safety, from participation in senior football in any competition for any period of not more than two years, the Player shall be entitled to a payment for each Match missed up to a maximum of 30 matches of $500.00.
11.3 A Player, to whom paragraphs 11.1 or 11.2 apply, shall be covered for top Hospital and Medical (including Extra Care Benefits) Insurance for the period the injury continues up to a maximum period of 2 years. The cost of providing such insurance shall be included in the payment referred to in paragraphs 11.1 or 11.2, as applicable, however the Fringe Benefit Tax amount shall be borne by the AFL Club.
11.4 Except where paragraph 11.1 applies, an AFL Player who suffers an injury as a result of which he is unfit to play football in the AFL Competition, which injury is caused:
(a) by playing football in a Match; or
(b) at an official training session; or
(c) by attending an official AFL Club function; or
(d) whilst on official club duties at the direction of the AFL Club, shall, provided the Player has not caused such injury by his own negligence, be
compensated as follows:
(i) 100% of Senior Match payments at the rate for the relevant competition AFL or State Body if the Player is entitled to State Body payments] in
which the injury was suffered or at the rate for the relevant competition for the Match last played prior to the injury, for all Matches missed up to a maximum of 30 Matches provided that:
(A) an Exhibition Match shall be treated as a Senior Match for the purposes of this paragraph;
(B) if a Player plays the last match of the AFL Season for his club in the AFL Competition and is required by his Club to continue playing in the State Body Competition, the Player shall be treated as having been injured in a Senior Match in the AFL Competition;
(C) if a Player is required to play in the State Body Competition on a weekend when the player’s AFL Club is not playing a Match in the AFL Competition and the Player’s previous Match was a Senior Match in the AFL Competition, the Player shall be treated as having been injured in a Senior Match in the AFL Competition;
(ii) the obligation of the AFL Club under this sub-clause shall be subject to and conditional upon the Player using his best endeavours to rehabilitate himself and return to playing fitness as soon as possible. The obligation of the Player shall without limitation, include observing all reasonable directions of the AFL Club in relation to his rehabilitation including diet, exercise, special training and attendance for medical or pharmaceutical treatment;
(iii) any dispute as to whether an injury was suffered by a Player or is subject to the provisions of this sub-paragraph or whether a Player has used his best endeavours to rehabilitate himself shall be referred to the Grievance Tribunal who may where appropriate appoint an independent medical practitioner to provide an opinion;
(iv) a Player injured in one season and who is subsequently delisted or whose contract is otherwise terminated shall be entitled to the benefits under this sub-paragraph up to the maximum of 30 Matches as if he were not delisted or the contract otherwise terminated provided that the Player:
- was entitled to the benefit of this provision during the period of his contract;
- has, insofar as reasonably practicable, brought the existence of the injury to the attention of the AFL Club prior to the Player being delisted or his contract being otherwise terminated; and
- maintains regular consultation with the AFL Club which previously employed him and does not do anything within the period to which he is entitled to the benefits under this sub-paragraph, to prejudice any Hospital or Medical Benefits payments or entitlement to such payments;
(v) a Player who suffers an injury and who is entitled to the benefits set out in this paragraph shall, in addition to the payments under this sub- paragraph, be paid any difference between the amount recoverable under any claim from the relevant Hospital and Medical Benefits Fund and the amount actually payable for the cost of treatment provided that such treatment was first approved of by the AFL Club and such treatment was directly referable to the injury;
(vi) if, after exhausting entitlements payable under paragraph 11.4(a), a Player remains permanently disabled as defined in the AFL Insurance Policy, the Player shall be entitled to claim up to $250,000 in accordance with the AFL’s insurance policy obtained for that purpose (the terms of which policy shall be no less favourable than the terms of the AFL Insurance Policy in existence as at 1 November 2003 and shall be notified by each Club to its Players each year).
(vii) for the purposes of clarity, the rate for a Match played in the Pre-Season Competition is the same rate as is applicable to a Match played in the AFL Premiership Season;
(viii) the AFL shall ensure that Players who suffer injuries in representative matches organised by or conducted under the auspices of AFL, shall be entitled to injury payments from AFL as if such Player was injured as a Player for his AFL Club in a Senior Match; and
(ix) for the purposes of paragraph 11.4(i), where a Player is injured whilst playing a Match in a State Body competition within two weeks of returning from an injury suffered in a Match in the AFL Competition, the rate of payment under paragraph 11.4(i) shall be calculated on the applicable Senior Match payment the Player would have been entitled to receive if the injury had been suffered in a Match in the AFL Competition.
11.5 AFL and AFLPA shall explore in good faith, the concept of an industry self funded, no fault compensation scheme for Players who are injured such as to prevent or be likely to prevent them from playing Australian Football at senior level in any competition, as an alternative to the scheme set out in paragraph 11.1 and 11.4 hereof. The parties acknowledge that such a scheme may extend to the establishment of a fund in relation to claims by Players concerning career limiting injuries.
