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Feb 07

NFL Claims Workers’ Compensation Should Cover Players’ Head Injuries

Last August we discussed lawsuits brought by over 75 ex-football players against the National Football League. The players sought unspecified amounts of damages for head injuries sustained over the course of their careers. The players alleged that the NFL knew of the harmful effects of multiple concussions as early as the 1920s, but kept that information from players until 2010. Riddell, the helmet maker, was also named in the lawsuit as a defendant.

These lawsuits are still pending and a hearing was recently held in Miami to determine whether the cases, which were filed in various federal courts, including Atlanta, Miami, New York and Philadelphia, should be consolidated into a multidistrict region. One interesting issue in this case is the possibility that the NFL will claim that the terms of the collective bargaining agreement between the league and the players should apply to the players’ head injuries, thus requiring the players to seek compensation via more traditional outlets such as workers’ compensation and disability benefits and the NFL’s medical and long term care plans.

As explained in a Workforce.com article about this lawsuit, according to an attorney representing many of the players,  the concussions and other head injuries suffered by the players were sustained in ways unrelated to typical workforce dangers…

http://www.jdsupra.com/post/documentViewer.aspx?fid=40441e89-db9f-4600-bf53-698c99cc9c42

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