INJURED ON INTERNATIONAL DUTY: A BEGINNERS GUIDE TO THE FIFA CLUB PROTECTION PROGRAMME

In what is arguably the most physically demanding football season in recent memory, it’s been reported that 14 out of 20 Premier League clubs had at least one of their players withdrawn from international duty over the most recent international break due to injury or Covid-19.

Liverpool’s Joe Gomez is just one high-profile example, with the young Centre Back now likely to miss a significant part of the 2020/21 season after picking up a serious knee injury in England training. Jürgen Klopp will certainly be relieved to hear that the next international break isn’t until March...

In these circumstances, it is worth taking a closer look at the FIFA Club Protection Programme; the insurance policy adopted by football's international governing body to cover the risk of players getting injured on international duty - particularly in the context of Covid-19.

What is the FIFA Club Protection Programme?

The FIFA Club Protection Programme is a policy which covers the injury risk of players who are released by their clubs to play international football. FIFA rightly recognises that clubs have to continue paying a player’s salary under their employment contract regardless of whether the player is injured, and it’s therefore only fair that clubs are compensated when a player is injured on international duty.  

Scope of Protection

Clubs are only eligible to claim compensation under the FIFA Club Protection Programme where each of the following conditions are satisfied:

(i) a player suffers a temporary total disablement as a result of an “accident”;

(ii) the accident took place during the “operative time”; and

(iii) the injury prevents the player from playing for more than 28 consecutive days.

Which injuries are covered?

So, firstly, the injury must be serious enough to prevent the player from playing for more than 28 days. Minor knocks which keep a player out for a week or two won’t be covered. Nathan Ake, for example, suffered a hamstring injury in the Netherlands' recent 1-1 draw with Spain, but Man City are unlikely to be able to claim compensation because the injury probably isn’t serious enough to keep the player out for 4 weeks.

Secondly, the injury must have occurred during the “operative period”. The operative period is essentially the entire period in which the player is under the control of the respective member association (for example, The FA), including all matches, training, travelling and time spent away.

Lastly, the injury must have been caused by an “accident”. Under the policy, an “accident” is considered to have occurred where a player suffers “a bodily injury due to a sudden external force acting on his body” or “a specific sudden act of exertion at an identifiable time and place from which the football player suffers a bodily injury”.

The policy also specifically states that heart attacks and strokes will be considered "accidents".

Will absence as a result of Covid-19 be covered?

In short, no. Firstly, a player who contracts Covid-19 is unlikely to be out for the minimum 28 days required. Secondly, it is highly unlikely that catching Covid-19 would be considered an “accident” (as defined above). And lastly, “sickness” is expressly excluded from the scope of the FIFA Club Protection Programme - and Covid-19 would almost certainly be considered a “sickness”.

So whilst Liverpool may be able to claim compensation for the long-term injury suffered by Joe Gomez, they certainly won’t be able to claim compensation in respect of Mo Salah (who contracted Covid-19 whilst away in Egypt).

How much can clubs claim?

Clubs are compensated based on the player’s fixed salary, for a maximum of 365 days, calculated on a daily pro-rata basis up to a maximum of EUR 7.5m per injury. Importantly, compensation is not payable for the first 28 days of the injury.

A player’s “fixed salary” is the set amount of money paid in weekly or monthly instalments under the player’s employment contract - it does not include variable amounts such as signing on fees, image rights payments and performance bonuses etc.

So if a player earns EUR 50,000 per week and is injured for 6 months, the compensation would be calculated as follows:

·       EUR 50,000 per week / 7 = a daily rate of EUR 7,142

·       Number of days compensated = 152 (180 – 28)

·       Total compensation due to club: EUR 1,085,584 (7,142 x 152)

It should also be noted that the Programme has an annual fund limit capped at EUR 80m. So if there are a significant number of large claims in one particular year, the pot could potentially run out.

Conclusion

With Covid-19 causing extreme fixture congestion in this condensed 2020/21 season, Mr Klopp recently warned that clubs will struggle to finish the season with eleven players if the scheduling isn’t fixed. With the European Championships still to come next summer, it’s likely to be a busy year for those administering the FIFA Club Protection Programme.