Tuesday, December 6, 2011

Where is Workers' Compensation for Pro Football Head Injuries?

Last week Claims Advisor magazine published my article, More Buck for the Bang. It looks at the financial remedies for long-term effects of head injuries suffered by porfessional football players. (http://claimsadvisor.com/articles/more-buck-for-the-bang/)
During my research and interviews, it was hard to get one simple question answered. If workers’ compensation is the no-fault exclusive remedy for work-related injuries and occupational illnesses, why the class action suits?
My article is the only attempt I know of that tries to make sense of this.
Part of the problem is that the workers’ compensation system still struggles with addressing cumulative trauma and soft tissue injuries -- especially those that do not seem to show adverse effects until years later.
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Employers of dangerous occupations are criticized by unions for treating workers as collateral damage, but is our society doing the same with its athletes?
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In the 1990s, many states put limitations on occupational disease claims. On a practical level, comp costs would have been insane if any worker could come back to an employer -- even decades later -- and ask for medical and cash compensation. On the other hand, employers have risk exposure in cases like these because the workers’ compensation’s no-fault reach is limited.
The blame game taking place on who is really responsible for players’ injuries and the long-term ramifications is exhausting. Going there still makes my head spin.
It’s been said that television violence desensitizes us to the real thing. Some of my favorite childhood cartoons have been white washed or removed to discourage childhood violence. Yet every week, millions of fans of all ages will watch players get hurt for real.
Employers of dangerous occupations are criticized by unions for treating workers as collateral damage, but is our society doing the same with its athletes?
I hope you will give it a read.
Thanks!
Annmarie

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