There seems to be a constant stream of news reports aboutcurrent or former NFL or NCAA athletes who havesustained (or are suffering from the latent consequences of) aconcussion or sub-concussive hit.

Although concussions sustained by football players have received the mostnotoriety, similar, if not higher, rates of concussion occur inother sports such as soccer, hockey, rugby and lacrosse. Theseinjuries are prevalent in K–12 and higher education sports.

Related: Invisible killer

A concussion can stem from something as simple as studentsfalling on the way to class and hitting their heads. With aconcussion, as with any accident, injury or illness, students mayseek assistance when recovery and treatment interfere with theacademic process — and the institution must be prepared to help.Working with insurers, agents and brokers, schools can improveconcussion risk awareness and prevention.

Both individual and class litigation involving concussions areon the rise. The NCAA recently settled a class action with studentathletes for $75 million that covered the cost of medicalevaluations to assess symptoms that may be related to concussioninjuries. The NCAA settlement expressly excluded bodily injurydamages, such as pain, disability, and lost wages, caused byconcussions or sub-concussive hits.

Insurance agents and brokers can play a significant role inhelping their clients make sports safer and reduce claims. Schoolsneed to ensure that they are following current concussion safetyrecommendations, including baseline testing, the availability ofathletic trainers and pre-participation concussion education. Atthe same time, insurers can play a role in athletic safety byimposing certain requirements to provide coverage, such asensuring the availability of sideline tests for concussions.

Taking a proactive approach

As concussion cases grow, policy exclusions regarding studentathletic concussions will likely become more prevalent. Forexample, at least one large carrier has stated that it will excludecoverage for student athletic concussion claims in whichneurodegenerative disease is alleged.

Also, schools and insurers may soon face complex allocation issues, as courts' opinionsmay vary on how to apportion a loss. The involvement of multipleinsurers and insureds complicates these issues, as do claimantscontending they have suffered progressive injuries extending acrossmultiple policy periods.

All 50 states and the District of Columbia have enacted lawsaddressing student athlete concussions. (Photo:Shutterstock)

Waivers and releases — signed agreements aknowledging the dangerof brain injuries and, where appropriate, releasing the athlete'sright to sue — are a crucial risk management tactic. An informalpoll from United Educators, which insures thousands of schools,colleges and universities, found that many institutions overlookthese tools for managing the risks of intercollegiate athleticconcussions.

Related: 20 sports that cause the mostinjuries

In many cases, a well-written assumption of risk or release formcan highlight the potential dangers of athletic participation anddeter lawsuits. Institutions should permanently retain signedreleases, waivers, and acknowledgement forms due to potentialdelays between the initial impact and progressive degenerativeconditions.

Schools and universities must also understand the importance ofhaving and implementing a strong concussion management plan. Thiswritten policy outlines an institution's protocol for managing therisk of concussions or mild traumatic brain injury.

Each school's plan should address the education of variouscommunities before a concussion occurs, the immediate response to astudent's concussion, and the management of the concussion fromoccurrence through recovery. Elements of these plans mayinclude:

• Pre-season cognitive ability tests to provide a comparativebaseline should a student suffer an injury;

• A football helmet program under which helmets can bereconditioned, as needed, each year for five years before beingretired; and

• A review of the number of football games and practices playedeach season to limit the number of hits.

All 50 states and the District of Columbia have enacted lawsaddressing student athlete concussions. Most of these laws:

• Provide for immediate removal from play when a student-athleteexhibits signs of a concussion;

• Prohibit same-day return to action and permit return to playonly after the athlete has been cleared by a licensed medicalprofessional (the definition of which varies among state laws);

• Require coaches to complete an education program; and

• Require schools to provide concussion information to studentathletes and their parents.

Follow return-to-play guidelines

Following return-to-play (RTP) guidelines is crucial in makingsports safer, as returning to physical activity before medicalclearance can put the student at risk for further harm. Everystudent and every concussion is different, so the RTP process isindividualized based on the student's symptoms and medical history.Doctors and certified athletic trainers guide the athlete through astepwise RTP process, moving the student through each step assymptoms allow.

Related: Who's liable for youth sports injuries? Here are 7rules to remember

Rhonda Hurwitz ([email protected]) is senior claimscounsel for United Educators (UE), a risk retention group thatprovides liability insurance and comprehensive risk managementservice to schools, colleges and universities. Joe Vossen is riskmanagement counsel for United Educators (UE). He can be reached at[email protected].