Did
you know that professional athletes and even some retired professional athletes
may be eligible for worker’s compensation benefits?Workers compensation is a "no fault' system of insurance that provides you with certain benefits in the event you have a job-related injury or illness. If you work as an athlete for a team, and you are injured while playing for that team, you were most likely injured at work. “No fault” means that even if you or a co-worker was negligent in causing your injury (A 300lb. 6’5’’ Linemen Tackled me), you're still covered. Depending on your circumstances, you may be eligible for:
·
Compensation for your
medical expenses,
·
Temporary or permanent
compensation for lost wages, and/or
·
Job retraining
Arizona workers’ compensation laws consider the following to be job related:
·
Injuries or illnesses that result in the immediate onset of symptoms,
·
Injuries or illnesses that result in delayed
symptoms that may not appear for days, weeks or months after the incident,
·
Medical conditions that developed
"gradually" over a period of days, months or years as a result of
work-related activity,
·
Preexisting medical conditions aggravated by a
specific accident at work or a "gradual" aggravation caused by
work-related activities over a period of days, months or years[i]
THE GAME HAS CHANGED: Arizona Cardinals Fullback Must Play Out Workers’ Comp Claim On His Home Field
Workers’ compensation benefits are available in each state, but the process and potential benefits usually differ. Some states, like California, are known to have more liberal workers’ compensation laws that allow for more claims by including more categories of covered injuries and illnesses. But, because of recent decisions such as the case of McKinley v. Arizona Cardinals and California AB 1309[ii] things have changed. [iii]
In Arizona, it is mandatory for an employer to carry workers compensation insurance. A resident of Arizona who works for an Arizona business would file their workers’ compensation claim in Arizona. However, this has not always been the case for professional athletes.
NFL, MLB and NBA players have often sought to file workers’ compensation claims in California “including Earl Campbell, Deion Sanders and Tony Dorsett,” even when they did not live or play there. You see, “California is one of only a handful of states to recognize cumulative trauma, a category of injuries that are incurred over time.”
Sports and Workers' Compensation
The case of the former Cardinals fullback
Dennis McKinley is a former running back with the Arizona Cardinals who played a few seasons for the team after being drafted in 1999. He filed a workers’ compensation claim in California relating to injuries he sustained while playing for the Cardinals. He was one of many NFL players to argue that the few games or practices he had in California entitled him to file his claim for wear-and-tear injuries. The Courts disagreed, citing McKinley’s contract which required his workers’ compensation claims to be brought in Arizona.[iv] At about the same time the California Supreme Court refused to hear the appeal of the McKinley case, California itself passed a new law that prevented professional athletes from other states from filing claims in California.
Workers’ compensation claims in professional sports
It appears baseball players with the Diamondbacks and football players with the Cardinals will have to bring workers’ compensation claims in Arizona or in other states where they played for the home team. Due to the physical nature of professional sports, there is no shortage of work-related injury claims made each year, and the benefits paid can be very high when you consider they are based on the player’s salary. However, there are often disputes as to whether the particular injury fits into the workers’ compensation schedule, so as to be covered. Professional sports injuries include:
·
Debilitating
injuries that get worse over time and may shorten a career
·
Concussions
and other neurological damage
·
Physical
injuries that force the player to miss significant playing time and also impact
their future ability to perform, such as torn ligaments in the knee or a
rotator cuff injury to a shoulder
If you were hurt on the job, you may have many questions regarding what steps you need to take next. The experienced and knowledgeable Arizona Workers’ Compensation attorneys with Taylor and Associates, PLLC are ready to answer your questions. Contact us at info@injuredworker.com or by phone at 1-800-358-CATS (2287)
Dennis Kurth practices in the area of Workers’ Compensation and is a Certified Specialist by the State bar of Arizona. He graduated from Washington University School of Law in St. Louis. Dennis co-authored the 'Exclusivity and Third Party Liability' chapter of the Arizona Worker's Compensation Handbook (1992). He was a member of the Workers' Compensation Advisory Commission to the Arizona Board of Legal Specialization and was Chairman of the Advisory Commission from 1987 to 1994. Dennis has been recognized in Best Lawyers in America. In his spare time Dennis’ favorite pursuits are adventure travel, rafting, biking and hiking.
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[ii]
http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140AB1309
[iii]
http://www.latimes.com/business/money/la-fi-mo-governor-athlete-workers-comp-20131008,0,7152629.story#axzz2wFB573Tr
[iv]
“Mr. McKinley had a limited connection to California, and a forum selection and
choice of law clause in the parties' employment contract.”
DENNIS MCKINLEY, PETITIONER, THE WORKERS'
COMPENSATION APPEALS BOARD OF THE STATE OF CALIFORNIA, ARIZONA CARDINALS AND
TRAVELERS INDEMNITY FOR GULF INSURANCE, RESPONDENTS., Case No. ADJ 7460656,
2013 WL 4442066 (A.F.B.R. Feb. 27, 2013)
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