WORKERS' COMPENSATION FOR . . . PROFESSIONAL FOOTBALL PLAYERS?

In these days of exorbitant salaries for professional athletes, some fans may take comfort in learning that injured professional athletes cannot easily cash in on workers' compensation benefits. The Pennsylvania Workers' Compensation Act provides injured workers with medical benefits and income replacement at a lower rate than their regular pay.

The Act includes a specific provision that limits the salary compensation available to injured professional athletes. The income benefits available to athlete employees of the NFL, NBA, NHL, and National and American baseball leagues are calculated using two times the statewide average weekly wage rather than by reference to the athletes' actual wages. Additionally, any disability benefits available to the athletes through their contracts or through private insurance operate to reduce the weekly wage calculation.

Recently, an injured member of the Pittsburgh Steelers football team challenged the workers' compensation limitations as an unfair and unconstitutional singling out of athletes. The Pennsylvania court upheld the limitations, observing that professional athletes are well paid and voluntarily subject themselves to the high risk of physical injury. The court ruled that the career of a professional athlete "represents a distinctive blend of risk combined with lucrative compensation."

The court expressed "great respect" for professional athletes but concluded that it is appropriate to place a different value on those who risk bodily harm to provide entertainment to fans from those, such as law enforcers and rescue workers, who risk bodily harm to protect society.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

Copyright © 2002 by Davis Bennett & Spiess LLC, Attorneys at Law.  All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement.