Problems with California's Bill Limiting Workers' Compensation for Out-of-State Athletes
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California has moved one step closer to making its controversial workers’ compensation bill a reality. Earlier this month, the California Senate voted to pass the bill, which restricts most professional athletes playing for out-of-state teams from filing workers’ compensation claims in California. The bill is now awaiting the signature of Gov. Jerry Brown.
The California law is problematic for a number of reasons, including the following:
• Players with serious and lifelong injuries will be without legal recourse. It is no secret that professional football players are often injured during their tenure with the NFL, and new data has come to light in recent years showing the prevalence of cumulative trauma injuries, such as concussions and other head injuries. Although some sports, like baseball, offer lifetime health and guaranteed contracts, football teams offer neither, which leaves football players without the medical care that they need.
Prior to the new law, California was one of just a few states that allow workers’ compensation claims for cumulative trauma injuries. Moreover, because cumulative trauma injuries often go undetected until a significant amount of time after the injury-causing event, many cumulative trauma claims are no longer permitted in other states due to expired statutes of limitations. As a result, injured players will be unable to obtain the benefits that they need and deserve.
• The law will not save taxpayers money. Workers’ compensation benefits, including medical care, are paid by employers (in this case, the NFL) and their insurers — not taxpayers. In fact, experts say that, if the players are left out in the cold without workers’ compensation benefits, taxpayers might actually end up paying the price since the players will eventually turn to Medicaid, Social Security and other government programs for help. Moreover, because workers’ compensation insurance premiums are determined on an industry-specific basis, any increase in sports-related workers’ compensation claims would only affect rates for sports teams and not employers at large.
• The law may be unconstitutional. Since the new California law exempts designates certain employees – in this case, out-of-state athletes – as a different class of workers and allows teams to avoid liability for past injuries, many question whether the law may be unconstitutional. California “is possibly the only place where some of these folks can get a hearing,” said Frank Neuhauser, executive director of the Center for the Study of Social Insurance at UC Berkeley. “I don't know if we want to cut off all remedies for getting coverage.”
• The bill won’t necessary expedite administration and processing of other workers’ compensation claims. Supporters of the bill argue that athlete claims are clogging California's workers’ compensation program with a massive influx of filings, making it harder for the state’s other workers to get their cases heard, but data shows that cumulative claims by out-of-state athletes represent only about 0.5% of all workers' comp filings in the state since 2006.
The Chicago worker’s compensation lawyers at Ankin Law Office, LLC focus on helping injured workers pursue any and all legal action for their injuries, including workers’ compensation claims and third-party personal injury claims, so that they can obtain a full and fair recovery.
If you have been injured while on the job, we can help you determine how to proceed in order to ensure that you receive maximum compensation for your injuries, medical bills, and lost wages. Contact our office at (800) 442-6546 to schedule a free consultation with one of our knowledgeable Chicago workplace injury attorneys.
Howard Ankin of Ankin Law Office LLC handles workers’ compensation and personal injury cases. Mr. Ankin can be reached at (312) 346-8780.
ANKIN LAW OFFICE LLC
Chicago Workers Compensation Chicago Personal Injury Chicago Motor Vehicle Accidents
Chicago Wrongful Death Chicago Social Security Disability Chicago Class Action Lawsuits
ABOUT THE AUTHOR: Howard Ankin of Ankin Law Office LLC handles workers’ compensation and personal injury cases. Mr. Ankin can be reached at (312) 346-8780.
Ankin Law Office, LLC is a Chicago-based personal injury law firm with a reputation for professionalism, passion, and results-driven service. Our practice areas include motor vehicle accidents, workers compensation, social security, wrongful death, and class action lawsuits. In all areas, our commitment is to getting our clients the medical care and financial compensation they deserve following a serious injury.
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More information about Ankin Law Office, LLC
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
• Players with serious and lifelong injuries will be without legal recourse. It is no secret that professional football players are often injured during their tenure with the NFL, and new data has come to light in recent years showing the prevalence of cumulative trauma injuries, such as concussions and other head injuries. Although some sports, like baseball, offer lifetime health and guaranteed contracts, football teams offer neither, which leaves football players without the medical care that they need.
Prior to the new law, California was one of just a few states that allow workers’ compensation claims for cumulative trauma injuries. Moreover, because cumulative trauma injuries often go undetected until a significant amount of time after the injury-causing event, many cumulative trauma claims are no longer permitted in other states due to expired statutes of limitations. As a result, injured players will be unable to obtain the benefits that they need and deserve.
• The law will not save taxpayers money. Workers’ compensation benefits, including medical care, are paid by employers (in this case, the NFL) and their insurers — not taxpayers. In fact, experts say that, if the players are left out in the cold without workers’ compensation benefits, taxpayers might actually end up paying the price since the players will eventually turn to Medicaid, Social Security and other government programs for help. Moreover, because workers’ compensation insurance premiums are determined on an industry-specific basis, any increase in sports-related workers’ compensation claims would only affect rates for sports teams and not employers at large.
• The law may be unconstitutional. Since the new California law exempts designates certain employees – in this case, out-of-state athletes – as a different class of workers and allows teams to avoid liability for past injuries, many question whether the law may be unconstitutional. California “is possibly the only place where some of these folks can get a hearing,” said Frank Neuhauser, executive director of the Center for the Study of Social Insurance at UC Berkeley. “I don't know if we want to cut off all remedies for getting coverage.”
• The bill won’t necessary expedite administration and processing of other workers’ compensation claims. Supporters of the bill argue that athlete claims are clogging California's workers’ compensation program with a massive influx of filings, making it harder for the state’s other workers to get their cases heard, but data shows that cumulative claims by out-of-state athletes represent only about 0.5% of all workers' comp filings in the state since 2006.
The Chicago worker’s compensation lawyers at Ankin Law Office, LLC focus on helping injured workers pursue any and all legal action for their injuries, including workers’ compensation claims and third-party personal injury claims, so that they can obtain a full and fair recovery.
If you have been injured while on the job, we can help you determine how to proceed in order to ensure that you receive maximum compensation for your injuries, medical bills, and lost wages. Contact our office at (800) 442-6546 to schedule a free consultation with one of our knowledgeable Chicago workplace injury attorneys.
Howard Ankin of Ankin Law Office LLC handles workers’ compensation and personal injury cases. Mr. Ankin can be reached at (312) 346-8780.
ANKIN LAW OFFICE LLC
Chicago Workers Compensation Chicago Personal Injury Chicago Motor Vehicle Accidents
Chicago Wrongful Death Chicago Social Security Disability Chicago Class Action Lawsuits
ABOUT THE AUTHOR: Howard Ankin of Ankin Law Office LLC handles workers’ compensation and personal injury cases. Mr. Ankin can be reached at (312) 346-8780.
Ankin Law Office, LLC is a Chicago-based personal injury law firm with a reputation for professionalism, passion, and results-driven service. Our practice areas include motor vehicle accidents, workers compensation, social security, wrongful death, and class action lawsuits. In all areas, our commitment is to getting our clients the medical care and financial compensation they deserve following a serious injury.
Copyright Ankin Law Office, LLC - Google+
More information about Ankin Law Office, LLC
View all articles published by Ankin Law Office, LLC
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
