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’ benefits to professional
athletes through
compensation
contractual restrictions
laws
3. Workers’ Compensation for Professional Athletes
States generally
approach workers’
compensation benefits
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 specific provisions
that include professional athletes under
their workers’ compensation programs,
but functionally exclude them from such
benefits.
...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
Missouri’s definition of
requires physical
workers’ compensation. contact, cannot
It was said that Palmer’s 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 state’s
compensation workers’
programs. compensation
programs,
professional
Some team contracts athletes must
limit or exclude rely on their
professional athletes contracts for
from private benefits. benefits.
8. Set-Off Method
Workers’ compensation benefits are subtracted
from any benefits 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>.
