As athletes train and compete, they’re constantly pushing the boundaries to reach the top of their game. Every season, these professionals face an array of physical challenges that can potentially end a career, from mild strains to severe fractures. What happens when they’re sidelined by an injury? Can injured pro athletes get workers’ comp?
Just like any employee, professional athletes might need help covering their medical bills and expenses during recovery. However, the world of workers’ compensation for professional athletes is as complex as the intricate plays they execute on the field. Here’s what you need to know.
Workers’ compensation provides essential support for most employees after a work-related injury. This coverage helps pay for medical bills, rehabilitation and a portion of lost wages while they recover. However, the process isn’t as straightforward for athletes.
In some states, injured athletes qualify for workers’ comp — in others, unique laws and player contracts dictate the terms. Unlike traditional employees, professional athletes also have shorter-term contracts. Their pay structure is based on the agreement they have with the league or team rather than hourly or salaried arrangements. These factors contribute to difficulty accessing workers’ comp.
Policies vary across sports leagues.
NFL players generally have access to workers’ compensation benefits, but only if injured in connection with their duties. MLB, NBA and NHL have similar rules, though coverage is also dictated by state and team policies. These differences mean some players are forced to turn to disability insurance, negotiated benefits or even pay out of pocket when disaster strikes.
States also have specific rules on workers’ comp for athletes. For example, California used to be a haven for injured players to claim benefits — even those who didn’t play for a California team. However, the state has tightened its regulations, requiring athletes to have played a significant number of games there to qualify.
Conversely, states like Texas have stricter rules, limiting eligibility for out-of-state players. For athletes, eligibility may depend on where they play and how state laws view athletes and injuries.
While many athletes rely on their contracts for financial support during injuries, workers’ compensation can be a backup plan. However, contract benefits can sometimes make them ineligible for workers’ comp. For instance, some player contracts offer injury guarantees that promise a percentage of their salary if they get hurt. Someone who already has income protection from a team may not qualify for additional workers’ comp, depending on the state.
This dual setup can create challenges in obtaining compensation, but it also gives athletes more protection against financial hardship.
Here’s where things get a bit technical. For work injuries occurring on or after 1996, any workers’ compensation benefits payable to injured workers must be offset by 50% of the net, after-tax Social Security benefits they receive after their injury. Athletes nearing retirement age can take advantage of this, as they may not receive the full workers’ comp benefit if they’re also collecting Social Security.
This offset might not always apply to athletes, who typically have shorter careers, but it’s worth noting for those who stay active later in life.
First, athletes must demonstrate that their injury is directly work-related, which isn’t always straightforward in sports. For instance, if someone is injured outside the regular season or in an unofficial training session, their eligibility for compensation comes into question. Even though they are working toward the benefit of the sport, policies surrounding workers’ compensation can be restrictive and those who play these professional sports often need legal assistance to navigate them.
Further complicating things, sports leagues and teams have separate insurance policies for high-profile injuries. While these provide supplemental coverage, they may not match standard workers’ compensation protections.
The time required to navigate workers’ comp paperwork, manage medical assessments and comply with league protocols can be exhausting, adding another layer of difficulty for injured players.
Remember Emmanuel Acho? He was drafted into the NFL in 2011 and played for the Cleveland Browns and later the Philadelphia Eagles. Just as he was making his mark in the pros, Acho got a thumb and groin injury, which put him out of commission in 2015. While he received a workers’ comp claim of close to $100,000, he never got to play again.
Due to the high likelihood of injuries, some professional sports leagues require their players to have additional insurance for long-term injuries. Private policies often cover more than workers’ comp and don’t rely on state laws for coverage. Some athletes additionally take out personal disability insurance as an extra safety cushion in case they sustain a career-ending injury.
For pro athletes, insurance can provide the reassurance they need without relying solely on workers’ comp, but these policies can be costly, especially for those in lower-paying leagues.
Collective bargaining agreements (CBAs) are an up-and-coming solution for getting injury-related compensation for players in leagues like the NFL, NBA or MLB. These agreements between the players’ union and the league usually outline basic areas like compensation, work conditions and procedures for settling disputes. Most include injury support terms, which make a huge difference in whether athletes receive workers’ compensation, how fast they access it and how much they get.
For example, an NFL player’s contract might provide a robust injury guarantee that makes workers’ compensation disproportionate and thus unnecessary. In contrast, another athlete in a less-funded league may lack the same range of coverage.
CBAs introduce some level of standardization, but they can also make it harder for individuals to claim workers’ comp if the CBA already provides separate injury coverage.
The patchwork of state laws and league-specific rules makes it complicated for athletes to navigate workers’ comp. There’s been growing advocacy within sports communities for more standardized policies that ensure they receive consistent protection.
From a sustainability perspective, establishing a standard for players’ injury compensation would support a healthier career environment and reduce the financial strain on players. This change would ensure athletes are cared for, no matter where they play or what league they’re in.
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