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Workers' Compensation and Professional Athletes

K
kayladrake

The document discusses different approaches taken by states regarding workers' compensation benefits for professional athletes, including statutory exclusions, functional exclusions through limiting recovery amounts, exclusions determined through case law, options for team owners to elect participation, and set-off methods where contractual benefits offset workers' compensation amounts. Some states exclude professional athletes entirely from receiving workers' compensation, while others allow coverage but restrict benefits through other means. Team owners can also limit benefits for athletes through contractual restrictions in some jurisdictions.

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Workers Compensation and Professional Sports
Legislatures and courts have created laws that bar coverage for athletes In a number of jurisdictions in the U.S., professional athletes do not receive adequate Some team owners limit protection under workers compensation state workers bene鍖ts to professional athletes through compensation contractual restrictions laws
Workers Compensation for Professional Athletes States generally approach workers compensation bene鍖ts for professional athletes Set-off method in the following ways: Statutory exclusion method Exclusion Election through case- Functional method law method exclusion method
Statutory Exclusion Employment does not include serviced performed Florida: excludes by professional athletes professional athletes from workers compensation Massachusetts and Wyoming:exclude professional athletes from workers compensation by stating that professional athletes are not employees, Rhode Island: excludes hockey players Washington: excludes horse race jockeys
Functional Exclusion Some states have speci鍖c provisions that include professional athletes under their workers compensation programs, but functionally exclude them from such bene鍖ts. ...For example, Iowa does not allow professional athletes to fully recover their lost salary for permanent disabilities
Exclusion through Case-Law Palmer v. Kansas City Chiefs Football Club: the A Maryland court court concluded that the held that an deliberate collision of occupation such bodies did not constitute as football, which an injury under Missouris de鍖nition of requires physical workers compensation. contact, cannot It was said that Palmers give rise to injury was not an accidental unexpected injuries. occupational event.
Election Method Some states give team owners the If team owners option of choose not to participating in participate in workers the states compensation workers programs. compensation programs, professional Some team contracts athletes must limit or exclude rely on their professional athletes contracts for from private bene鍖ts. bene鍖ts.
Set-Off Method Workers compensation bene鍖ts are subtracted from any bene鍖ts paid under contract and team owners receive a credit to avoid doubly compensating the athletes.
Resources Schaffer, Rachel. "Grabbing them by the Balls." WCL. N.p., n.d. Web. 12 Apr. 2011. <www.wcl.american.edu/journal/ genderlaw/08/schaffer.pdf?rd=1>.

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Workers' Compensation and Professional Athletes

  • 1. Workers Compensation and Professional Sports
  • 2. Legislatures and courts have created laws that bar coverage for athletes In a number of jurisdictions in the U.S., professional athletes do not receive adequate Some team owners limit protection under workers compensation state workers bene鍖ts to professional athletes through compensation contractual restrictions laws
  • 3. Workers Compensation for Professional Athletes States generally approach workers compensation bene鍖ts for professional athletes Set-off method in the following ways: Statutory exclusion method Exclusion Election through case- Functional method law method exclusion method
  • 4. Statutory Exclusion Employment does not include serviced performed Florida: excludes by professional athletes professional athletes from workers compensation Massachusetts and Wyoming:exclude professional athletes from workers compensation by stating that professional athletes are not employees, Rhode Island: excludes hockey players Washington: excludes horse race jockeys
  • 5. Functional Exclusion Some states have speci鍖c provisions that include professional athletes under their workers compensation programs, but functionally exclude them from such bene鍖ts. ...For example, Iowa does not allow professional athletes to fully recover their lost salary for permanent disabilities
  • 6. Exclusion through Case-Law Palmer v. Kansas City Chiefs Football Club: the A Maryland court court concluded that the held that an deliberate collision of occupation such bodies did not constitute as football, which an injury under Missouris de鍖nition of requires physical workers compensation. contact, cannot It was said that Palmers give rise to injury was not an accidental unexpected injuries. occupational event.
  • 7. Election Method Some states give team owners the If team owners option of choose not to participating in participate in workers the states compensation workers programs. compensation programs, professional Some team contracts athletes must limit or exclude rely on their professional athletes contracts for from private bene鍖ts. bene鍖ts.
  • 8. Set-Off Method Workers compensation bene鍖ts are subtracted from any bene鍖ts paid under contract and team owners receive a credit to avoid doubly compensating the athletes.
  • 9. Resources Schaffer, Rachel. "Grabbing them by the Balls." WCL. N.p., n.d. Web. 12 Apr. 2011. <www.wcl.american.edu/journal/ genderlaw/08/schaffer.pdf?rd=1>.

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