Workers’ Compensation and Injury Insurance in Australian Sport: The Status May Not Be Quo

Abstract

This article examines the exemption from workers’ compensation of professional sportspersons. This examination reveals the exemption is complex, with numerous jurisdictional differences, exceptions and qualifications. The examination also reveals that many of the arguments originally advanced in support of the exemption are redundant in a world in which sport has been corporatised and commercialised. This conclusion raises numerous questions. Should the status quo remain, or should professional sportspersons receive coverage under workers’ compensation legislation or some form of bespoke injury insurance scheme? What limitations (if any) should apply to professional sportspersons’ claims for compensation? What type and level of benefits should apply? And how and by whom should it be funded? These (and other) questions make this is an important issue worthy of further investigation.

Keywords: sport; insurance; workers' compensation; concussion

JEL Classification: K13; K10; L83; Z20