NRL players have called for an urgent review of the insurance policy which underwrites the sport’s biggest stars, claiming there are “clear deficiencies” in the existing framework for those who suffer life-changing injuries.
In a development that could result in a major overhaul to the protections offered to athletes who play one of most brutal sports in the world, the Rugby League Players Association has asked for a significant re-think of how players are covered.
Former State of Origin player and premiership winner Ethan Lowe lost a landmark case in the Federal Court last Friday, in which he sued the NRL’s underwriters, Lloyd’s Of London, after being denied a $1 million claim after a tackle in 2020 ended his career.
Lowe suffers from a spinal injury which affects one side of his body, leaving him with a “claw” hand, a lack of feeling and trouble keeping his balance on uneven ground.
The Federal Court heard Lowe can still lift light weights in the gym and go for one “slow jog” per week, but with significant less strength on his left side.
While empathising with his life-changing condition, Justice Ian Jackman found Lowe wasn’t able to claim under the policy’s provisions, with the legal argument based around whether he suffered permanent hemiplegia, or paralysis to one side of the body.
Former NRL player Ethan Lowe.Credit: Oscar Colmann.
The decision has prompted the players’ union to contact the NRL for an assessment of the current policy, which has left the sport’s biggest stars nervous about their protections if in a similar scenario to Lowe.
“Ethan has suffered permanent disablement, and he, and any other player suffering permanent disablement, should be covered while playing the game,” an RLPA spokesperson said.
“Rugby league is an intensely physical sport with huge risks to players’ personal health and safety. It is imperative that we have adequate protections in place for all players.
“This case has highlighted that there are gaps in that cover and we will now work with the NRL to improve the protections provided to players.”
Lowe was forced to retire following a “crusher” tackle in a 2020 match while playing for South Sydney against Newcastle.
He continued playing for more than 50 minutes after the tackle, fearing it would be the last time he played the game, and was rushed into spinal surgery days later.
The Federal Court decision was the culmination of a years-long battle from Lowe to be able to claim under the NRL’s policy, which is poised to change insurers, notwithstanding the court’s decision.
“While disappointed, we accept the judgment made by one of this nation’s leading insurance law experts in Justice Jackman,” the RLPA spokesperson said.
“Our immediate focus is Ethan. We will provide him with support on a personal level, as well as through our past player and transition program.
“Ethan has shown extreme courage and resilience in testing the terms of the player’s insurance coverage through the courts. His Honour himself commented on Ethan’s credibility and impressiveness in how he conducted himself.
“While not the result he wanted on a personal level, he has played a pivotal role in highlighting the clear deficiencies of the current insurance framework within our game.”
Meanwhile, the top four-chasing Sharks are hopeful Braydon Trindall will be right to play in their showdown with the Titans on Friday night after limping off with a hamstring problem in the win over the Rabbitohs.
Trindall, who has assumed the halfback role in the absence of Nicho Hynes, reported on Sunday to be suffering minor hamstring tightness, which club staff suspect is related to a back problem he’s been managing.
There were no concerns he would be out for an extended period.
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