Workers' Compensation & Pro Sports

I recently read an LA Times article entitled NFL workers' comp victory comes at a price.  My first thought was using this as a platform to address some workers' compensation issues that apply to more everyday employers, not the professional sports franchises of the NFL, MLB, NBA, etc.  

My background puts me firmly in the camp that says you don't go file your claim in the jurisdiction most likely to pay.  That means I am in favor of the legislation, and opposed to the attorneys filing on behalf of any player who ever set foot in the state of California.  

An excerpt from the original article states "In anticipation of that deadline, workers' compensation attorneys scrambled to find players and file on their behalf.  San Diego lawyer Ron Mix squeezed in almost 300 athlete cases in the final month, according to state data. To get through the mountain of paperwork, he said he paid his staff triple overtime and hired numerous temp workers."

I don't know Ron Mix, and hopefully he is doing real good work for truly injured people being taken advantage of by their employers and insurance companies.  But my guess is he won't foot the bill for the triple overtime himself.  It will come out of the claims settlements for the "injured" players he filed on behalf of.

Pro sports, football especially, is a dangerous business.  The participants know this going in, and accept the risk associated.  I truly believe we are learning more every day about the long term effects, and so there is an argument to be made that all the risks are not known before hand.  Laws may need to be evaluated and rewritten to accommodate a late onset disease that has it's roots in the athlete's employment.

However, I don't think the solution is to run to another jurisdiction to file.  That sets a precedent for truck drivers, traveling salesman, and various other employees to pick their filing jurisdiction based on the highest payout.  It also does nothing to remedy the underlying problem with local legislation for those who don't travel out of state.

For example, the plumber who constantly bent over and stood up and has chronic knee problems as a result.  If he never left the state he is left without recourse.  Don't we owe him the same benefit for chronic, long term injury as these pro athletes are seeking?  Wouldn't the efforts of attorneys be better used lobbying for local legislation change than chasing the high profile cases en masse?

Our understanding of health and work related issues continues to change, and our worker's compensation system has to change with it.  In Indiana we made some real headway in capping medical costs, without limiting treatment of the worker.  Continued adjustment and enhancement is needed as we learn more about the long term effects cumulative work exposure.  But is has to be done in a way where the carriers and employers can plan for and pay for the care when needed.