Timeline: Essendon doping saga and the fallout
Current and former players have been suspended for the 2016 season after being found guilty of doping offences.
PT5M2S 620 349Past and present Essendon players seeking compensation from the club as a result of anti-doping bans are preparing to undergo independent mental and physical checks.
Players will be spoken to by psychologists over the impact the saga, now into its fourth year, has had on them and their families, as their legal teams front the Bombers and lawyers from Herbert Smith Freehills.
Player agents and lawyers representing the players expect Ken Adams, a partner with Freehills, and an expert in class actions, to be the "facilitator" over their compensation bids. But a retired judge could yet have the final say in the individual cases.
Banned players are undergoing mental and physical checks. Photo: Getty Images
A player representative said on Tuesday "everything has been done in the right spirit, thus far".
How players and their families have emotionally handled the saga will vary, with some having endured significant anxiety.
Players also have the option of seeking damages for physical issues, although some have "parked" this aspect and will reserve their right to pursue compensation at a later date. This could change if any physical ailments can be linked to the 2012 injecting program. Players were found guilty by the Court of Arbitration for Sport of being administered the banned drug, thymosin beta 4.
It's understood the Bombers will pay for the health tests.
Accountants are assessing the economic and reputational damage the suspensions have had – and may continue to have – on the players' earnings. Players have lost sponsorships, in the case of Brent Prismall, an off-field role with the Western Bulldogs, and others have lostcoaching roles within suburban and Indigenous football.
Once these reports are completed, players – and the Bombers – will have a clearer understanding of what the individual claims will be.
It's believed the Bombers have already questioned how much reputation some players have lost, with lawyers representing the players claiming this has been significant.
How the compensation will be paid also remains a point of interest. Damages over loss of income will be taxed but damages for pain and suffering are likely to be tax free.
The Bombers begin the compensation claims from a point of negligence, for they pleaded guilty to two charges laid by WorkSafe of failing to provide a working environment that was safe and without risks to health. The Dons were fined $200,000.
Overall compensation claims could top more than $30 million, with Bombers' chairman Lindsay Tanner revealing this would be covered by insurance and the club. The Bombers have Liberty as their insurance company.
All parties are keen for the claims to be finalised this year but the saga may drag on until 2017. That would be the case if players do not accept the Bombers' terms, and decide to pursue their case through the Victorian Supreme Court.
Holding Redlich, Zervos Lawyers and Slater and Gordon are representing the majority of players. Former Bomber Nathan Lovett-Murray has engaged Tony Nolan, QC, while former Bombers rookie Hal Hunter, who was not among the 34 suspended, has his own legal team.
Suspended players Dyson Heppell and Cale Hooker are among those who will return to the club next season but will continue to pursue compensation.
Key defender Michael Hurley is also involved in a compensation claim, while player agents believe Jobe Watson, who could be stripped of his Brownlow Medal, may lodge the biggest claim of about $5 million.
There had been concerns that the Bombers could use compensation payouts as a way to ease any salary cap pressures. But the AFL will maintain close vigilance on this. The AFL could yet face legal action for its role in the saga.
