WORKERS’ COMPENSATION OVERVIEW - Microsoft · Illinois NFLPA Workers’ Compensation Panel...

NFLPA

WORKERS’ COMPENSATION OVERVIEW

2015-2016

2

NFLPA Workers’ Compensation Overview

NFL Players Association

1133 20th Street NW

Washington DC, 20036

(800) 372-2000

Professional football players are covered under Workers’ Compensation laws, which vary by state. The

following is a brief overview of basic state information and laws. Laws are very detailed and specific, however,

and players should contact their team’s NFLPA Workers’ Compensation Attorneys (listed below under each

state) or the NFLPA at (800) 372-2000 for more information.

Workers’ Compensation Information By State/Team Arizona ............................................................................................................................................................. 3

California .......................................................................................................................................................... 4

Colorado........................................................................................................................................................... 5

Florida .............................................................................................................................................................. 6

Georgia ............................................................................................................................................................. 7

Illinois ............................................................................................................................................................... 8

Indiana .............................................................................................................................................................. 9

Louisiana........................................................................................................................................................ 10

Maryland......................................................................................................................................................... 11

Massachusetts ............................................................................................................................................... 12

Michigan ......................................................................................................................................................... 13

Minnesota ....................................................................................................................................................... 14

Missouri ......................................................................................................................................................... 15

New Jersey ..................................................................................................................................................... 16

New York ........................................................................................................................................................ 17

North Carolina ............................................................................................................................................... 18

Ohio ................................................................................................................................................................ 19

Pennsylvania ................................................................................................................................................. 20

Tennessee ...................................................................................................................................................... 21

Texas .............................................................................................................................................................. 22

Virginia ........................................................................................................................................................... 23

Washington .................................................................................................................................................... 24

Wisconsin ...................................................................................................................................................... 25

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Arizona

NFLPA Workers’ Compensation Panel Attorneys

Robert E. Wisniewski, Esq. P.O. Box 33217 Phoenix, AZ 85067-3217 602-234-3700 Phone 602-459-0899 Cell 602-230-7579 Fax [email protected] [email protected]

J. Wayne Turley J. Wayne Turley, P.C. P.O. Box 51735 Mesa, AZ 85208 480-246-6505 Phone 801-901-6342 Fax [email protected]

Walt Ulman, Esq. Ely, Bettini, Ulman & Rosenblatt 3200 North Central Avenue, Suite 1930 Phoenix, AZ 85012 602-230-2144 phone 602-264-9337 fax [email protected]

Statute of Limitations:

A claim must be filed in writing with the Industrial Commission of Arizona within 1 year of the date of injury.

Independent of the 1 year, there is also a requirement that an employee report his injury to the employer

“forthwith.” That can sometimes lead to dismissal of a case even when filed in 1 year. There are some

exceptions to the 1 year statute for a “gradual injury” where the law allows that an employee who is unaware of

the relationship of his injury to his employment may still file a claim within one year of learning of the

relationship or 1 year from when the employment activity causing the injury ended. Injuries as a result of

cumulative trauma are compensable.

If a player wants to bring a third-party claim i.e. a claim against a party other than his employer when he has a

compensable injury, he must file that lawsuit within one year from the date of the injury. There is an exception

that in the second year, if, and only if, the industrial insurance carrier agrees, and said carrier provides a

reassignment to the player and allow him to bring a lawsuit against a third-party during the second year.

Max Weekly Amounts:

Compensation is based on a percentage of the player's average monthly wage at the date of injury. In

Arizona, the maximum average monthly wage is limited by statute. For injuries occurring in 2014 the maximum

average monthly wage is $4256.94. Temporary disability compensation is 2/3 of the player's average monthly

wage. For example, for injuries occurring in 2014, that is approximately $2838.10 per month. The maximum

average monthly wage is adjusted each year, but compensation is always based on the player's average

monthly wage set at the date of injury. Permanent disability compensation is also based on a percentage of the

player's average monthly wage set at the date of injury.

Benefits Time Frame:

There are no limits, and, therefore, medical and compensation benefits may be available for life, depending on

the facts of the case and whether there is permanent disability. Even if a claim is closed, if it was once

accepted the player will ordinarily be able to petition to reopen the claim for additional active medical care and

compensation for the rest of his life with the appropriate medical report.

4

California


San Francisco/Oakland Michael Gerson, Esq. Boxer & Gerson, LLP 300 Frank H. Ogawa Plaza Rotunda Building - Suite 500 Oakland, CA 94612 510-286-2908 phone 510-835-0415 fax [email protected]

San Diego Modesto “Doc” Diaz, Esq. Chris Ginocchio, Esq. Leviton, Diaz & Ginocchio, Inc. 1551 N. Tustin Ave., Suite 850 Santa Ana, CA 92705 714-835-1404 phone 714-542-1646 fax [email protected] [email protected] [email protected]

San Diego/Oakland Jordan M. Cohen, Esq. The Cohen Law Firm 335 15th Street San Diego, CA 92101 619-241-2600 phone 619-241-2601 fax [email protected]


A player must commence proceedings with the Workers Compensation Appeals Board (by filing an Application

for Adjudication) within one year from the:

(1) the date of injury;

(2) the expiration of the period covered by the last payment of disability indemnity (compensation for

temporary disability or permanent disability); or

(3) the last furnishing of any medical or medical-legal benefits by employer. The 1-year period begins to run

from the latest date (most recent) from the above-three possibilities.

Max Weekly Amounts:

Temporary disability and permanent disability rates depend on the date of injury. For injuries occurring on or

after January 1, 2014, the maximum weekly amount for temporary disability payments is $1074.14. For

injuries occurring on or after January 1, 2015, the maximum weekly amount for temporary disability payments

is $1103.29. Permanent disability is usually $230/week but may be $270/week or $290/week depending on

the severity of the injury.


A player is entitled to all medical care reasonably required to cure or relieve him from the effects of the injury.

The requirement to provide such medical care is unlimited as to time, and thus the player is entitled to such

care for the remainder of his life. Please be advised, however, that the medical care must be reasonable

required to cure or relieve from the effects of the injury.

Body Parts:

Any all body parts may be included in the claim of injury including any orthopedic, internal (heart, high blood

pressure, weight, gastrointestinal), neurological (concussions), and psychiatric (depression).

Jurisdiction:

Residency is necessary for jurisdiction. However, there are exceptions.

5

Colorado


Douglas M. Dumler, Esq. Swanson & Dumler, P.C. 125 South Howes Street, Suite 870 Fort Collins, CO 80521 970-482-0808 phone 970-482-7308 fax [email protected]

Michael H. Kaplan, Esq. Kaplan Morrell, LLC 44 Cook Street, Suite 100 Denver, Colorado 80206 303-780-7329 phone 303-389-9306 fax [email protected]


Generally, claims need to be filed with the Division of Workers’ Compensation within 2 years of the date of the

injury. This time can be extended to 3 years if the athlete can demonstrate a reasonable excuse for failing to

file within the 2 year period. It is also possible to open a claim at a much later date if it can be proven that the

effects and compensable nature of injury did not become evident until later. This is usually true for an athlete

who had many injuries in his career, and files claims for disabilities caused by those various injuries at the end

of his career.

Max Weekly Amounts:

Current is $848.82; adjusted yearly for inflation.


Temporary total disability benefits start when the player’s salary stops and continues until maximum medical

improvement is reached, according to the treating physician. Permanent partial disability benefits, awarded

after maximum medical improvement is reached based on the impairment rating given by the physician, are

based on a statutory schedule and vary depending on the body part injured.

The actual length of time payments made will depend on the total permanent disability calculated and 2/3 the

average weekly wage of the player, which is usually the maximum amount. Temporary total disability benefits

and permanent partial disability benefits are capped at $75,000 if the percentage of disability is 25% or less,

and $150,000 if the disability is greater than 25%, as determined by the treating physician. Benefits are

available for bodily disfigurement as well.

6

Florida


Miami/Tampa Bay Richard A. Sicking, Esq. Touby, Chait & Sicking, P.L. 2030 S. Douglas Road, Suite 217 Coral Gables, FL 33134 305-446-3700 phone 305-281-6429 mobile 305-446-4014 fax [email protected]

Miami/Jacksonville/Tampa Bay Richard L. Wagenheim, Esq. Barbara B. Wagner, Esq. Haliczer Pettis & Schwamm One Financial Plaza, 7th Floor Ft. Lauderdale, FL 33394 954-523-9922 phone 954-564-4800 fax [email protected] [email protected]


2 years from the date of the accident, 1 year from the date of the last medical treatment paid for by the

employer or 1 year from the date of the last payment of compensation, whichever happens last.

Max Weekly Amounts:

Compensation rates change as of January 1st of each year. For injuries occurring in 2015, the maximum

weekly compensation rate is $842.


Unless a case is settled for a lump sum, the right to medical care for a covered injury remains open so long as

a player does not let more than 1 year go by without receiving authorized medical care; if a case is settled for a

lump sum, the value of future medical benefits is included and the right to all future benefits end as of the date

of the settlement.

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Georgia


Jack P. Reale, Esq. Drew, Eckl & Farnham 880 West Peachtree Street Atlanta, GA 30309 404-885-6404 phone 404-876-0992 fax [email protected]

Bruce H. Carraway, III Morgan and Morgan, P.A. 191 Peachtree Street, N.E. Suite 4200 Atlanta, GA 30343 404-502-2772 (cell) 404-965-8811 (phone) 404-965-8812 (fax) [email protected]


Statute is 1 year from the date of injury, 1 year from the date of medical treatment for the injury that was

provided by the employer (not a group insurance carrier) or 2 years from the date the player actually was paid

workers’ compensation disability benefits (temporary total disability, temporary partial disability or salary in lieu

of workers’ compensation benefits).

Max Weekly Amounts:

The maximum amount per week for temporary total disability is $550, for temporary partial disability it is $367

and for permanent partial disability the amount is $550. Maximum death benefits for the surviving spouse as

sole dependent is $220,000. Death benefits for multiple dependents may be more.


Temporary total disability is 400 weeks, temporary partial disability is 350 weeks, and permanent partial

disability is based on the percentage of permanent impairment according to AMA guidelines. Medical

expenses are covered for only 400 weeks, unless the claim is deemed to be a “catastrophic case” pursuant to

the Workers Comp Act, in which case medical for the work injury could be covered for life.

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Illinois


Richard Gordon, Esq. Gordon Law Offices, LTD 211 West Wacker Drive, Suite 500 Chicago, Illinois 60606 312-332-5200 phone 312-236-7727 fax [email protected]

Ken Wolfe, Esq. Wolfe Law, P.C. 200 W. Adams, Suite 2200 Chicago, IL 60606 312-727-0403 phone 312-727-0406 fax [email protected]


3 years from the date of the accident or 2 years from date of last payment of compensation, including medical

bills; whichever is longer.

Max Weekly Amounts:

If injury occurred between January 15, 2015 and July 14, 2015, the temporary disability cap is $1,361.79 and

the permanent partial disability cap is $735.37. For accidents after January 15, 2015, the cap for wage

differential benefits is $1,021.34. Amounts change every six months for temporary benefit caps and wage

differential caps; yearly for permanent partial disability caps.


Length of time benefits remain is indefinite

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Indiana

NFLPA Workers’ Compensation Panel Attorney

Neil E. Gath, Esq. Gath Law Office P.O. Box 44042 Indianapolis, IN 46244 317-490-7457 phone [email protected]


Two (2) years from the date of the injury. An injured player would have to file an Application for Adjustment of

Claim with the Indiana Workers’ Compensation Board within that 2 year period of time or else be barred by the

statute of limitations. An employer’s provision of medical care does not extend or toll the statute.

Max Weekly Benefits:

Maximum weekly benefit for a player injured on or after July 1, 2014 is $693.36 per week. Indiana

compensates for permanent impairment based upon the percentage of body loss.


Absent an award granting future medical benefits, a player would have to file a claim with the Workers’

Compensation Board for future medical care. This claim would have to be filed either within 2 years after his

injury, or if the player has accepted a permanent impairment settlement, within 2 years of the last date that

compensation had been paid under this settlement.

10

Louisiana


Frank A. Bruno, Esq. The Frank Bruno Law Firm 807 Howard Avenue New Orleans, LA 70113 504-523-3593 phone 504-523-4161 fax [email protected]


Notify the employer of your injury immediately. You have 1 year from the date of injury to file a claim with the

Office of Worker’s Compensation for salary/wage indemnity benefits and medical and 3 years from the date of

last medical expense payment for medical bills. Also, 1 year from date indemnity was last paid for temporary

total benefits and 3 years from the date indemnity was last paid for supplemental earnings benefits.

Max Weekly Amounts:

As of September 1, 2014, the maximum weekly worker’s Compensation rate is $630.00 per week with a

maximum of 10 years for supplemental earnings benefits. Supplemental Earnings Benefits are owed when the

player is incapable of earning 90% of his pre-injury wage due to a football related Injury. Maximum amounts

change yearly.


You have a right to receive medical benefits (unlimited) as long as they are deemed necessary and reasonable

and related to your on the job injury. You also have a choice of treating physician in any field of specialty. You

are allowed mileage reimbursement for visits to the doctor and other medical treatment. Notify the worker’s

compensation carrier or the employer before you see your choice of physician in order for them to approve

payment. Only use your health insurance for payment of medical bills if the worker’s compensation insurance

carrier or employer refuses to pay.

In order to protect your medical claim it is extremely important that you are aware that the statute of limitations

is not tolled unless the employer or their compensation carrier pays a medical bill and not your health

insurance carrier.

It is also important to note that under a current case that contract payments made while on injured reserve may

not be considered worker’s compensation and therefore a claim has to be filed within a year of the injury date

and not a year from the date that you last received injured reserve pay, even though you are disabled from

playing or practicing football.

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Maryland


Gerald Herz, Esq. Benjamin Boscolo, Esq. Barry Chasen, Esq. CHASENBOSCOLO 7852 Walker Drive, Suite 300 Greenbelt, MD 20770 301-220-0050 phone 301-474-1230 fax [email protected] [email protected] [email protected]


2 years for an accidental injury which is defined as an unexpected or unintended injury while working; 2 years

from the date when a player becomes disabled as a result for an occupational disease which may include

conditions which result from cumulative trauma. A player may file a claim for benefits outside the two year

statute of limitations if the Club has not filed an Employers’ First Report of Injury with the Maryland Workers’

Compensation Commission within two years of the injury date.

Max Weekly Amounts:

The maximum weekly rate compensation in 2015 is $1005.00 (temporary wage benefits loss ONLY) per week

plus lifetime medical care. The compensation rate is based on two-thirds of the average weekly wage. Injured

players are entitled to compensation for loss of wages caused by an injury sustained while they are playing.

Players are entitled to compensation for permanent injuries even if they continue to play.


Lifetime medical care for compensable injuries or occupational condition is paid at the expense of the Club so

long as the requested treatment is reasonable, necessary and related to the work injury.

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Massachusetts


Gerard B. Carney, Esq. Brendan G. Carney, Esq. Carney Law Firm 185 Devonshire Street, Suite 802 Boston, MA 02110 617-426-9797 phone 617-426-3816 fax [email protected] [email protected] www.carnlaw.com

Walter J. Korzeniowski, Esq. 688 Washington Street South Easton, MA 02375 508-238-6200 phone 800-278-6200 toll free 508-238-2899 fax [email protected] www.walterklaw.com

James Meehan, Esq. Karsner & Meehan, P.C. 128 Dean Street Tauton, MA 02780 508-822-6600 phone 508-822-8006 fax [email protected]


4 years; statute is tolled if team files notice of injury with Commonwealth, or if team’s comp insurer has made

payment of related medical expenses.

Max Weekly Amounts:

Maximum weekly total disability compensation is $1,214.99. Partial disability maximum is $911.99 for a

maximum duration of 5 years which amounts to $236,922.40. These amounts change every October 1st.


Medical benefits provide for lifetime treatment for work related injury even after negotiated settlement, provided

liability is established. There is no maximum duration. Massachusetts compensations cumulative trauma.

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Michigan


Kevin Kales, Esq. Legghio & Israel, P.C. 306 S. Washington Avenue, Suite 600 Royal Oak, MI 48067 248-398-5900 phone 248-398-2662 fax [email protected]


Verbal or written notice of injury must be given to the Employer within 90 days after the injury or within 90 days

after you know or should have known of the injury.

Max Weekly Amounts:

Maximum weekly amounts are 90% of the State Average Weekly Wage. For 2015, the maximum weekly

benefit is $820.00 per week. Weekly benefits will be reduced by any other employer funded wage loss benefits,

unless the contract prevents the offset.

Injuries Allowed:

Michigan law recognizes specific injuries, cumulative traumas and occupational diseases.


Weekly benefits are potentially payable as long as the disability and wage loss persist. Medical treatment for

the injury must be reasonable and necessary but can also be paid as long as reasonably required.

Burden of Proof:

The claimant must prove:

1) A specific or repetitive work injury has occurred

2) The claimant is now disabled from normal work

3) The claimant is seeking all other work with good faith efforts. Weekly benefits are payable if the disability

continues to cause wage loss. The employer can offer proof that reasonable work is available and the

weekly benefits could be reduced.

14

Minnesota


Randal W. LeNeave, Esq. Hunegs, LeNeave & Kvas, P.A. 1000 Twelve Oaks Center Drive, Suite 101 Wayzata, MN 55391 612-339-4511 phone 800-328-4340 toll free 612-339-5150 fax [email protected]

John Lorentz, Esq. Lorentz Law Firm, P.A. 13110 Henna Ave N. Saint Paul, MN 55110 651-483-4400 phone 651-204-0065 fax [email protected]


3 years if First Report of Injury filed by employer; 6 years if no first report of Injury. Payment of medical bills, or

other workers’ compensation benefit, will toll the statute of limitations indefinitely. Cumulative trauma is

compensable.

Max Weekly Amounts:

Temporary total disability to 90 days post-maximum medical improvement (the date your injury has improved

as much as a doctor says it can) is limited to a maximum of 130 weeks. 225 weeks of temporary partial

disability is not to exceed 450 weeks from date of injury. For injuries on or after October 1, 2008 the maximum

TPD & TTD compensation rate is $850.00 and for injuries on or after October 1, 2013 the maximum

compensation is $963.90. The maximum TTD payment period is 130 weeks.


For life, so long as reasonable and necessary and causally related. Exception for primary denial of liability.ill

15

Missouri


Kansas City John B. Boyd, Esq. J.R. Boyd, Esq. Boyd Kenter Thomas & Parrish, LLC 221 W. Lexington Ave., 2nd Floor PO Box 1099 Independence, Missouri 64051 816-471-4511 office 816-471-8450 fax [email protected] [email protected]

St. Louis Mark Floyd, Esq. The Floyd Law Firm, P.C. 8151 Clayton Road, Suite 202 St. Louis, MO 63117 314-863-4114 phone 314-863-4150 fax [email protected]


2 years from date of injury or last payment made under workers’ compensation law if reported by employer; 3

years from date of injury or last payment made under workers’ compensation law if not reported. Occupational

injuries or diseases require written notice within 30 days of being diagnosed by your physician that you may

have sustained an occupational injury or disease. Written notice of accidental injury is required no less than 30

days after the accident.

Max Weekly Amounts:

Temporary total disability and permanent total disability from July 1, 2012 through June 30, 2013 is $827.75.

Permanent partial disability is $43g3.58. Temporary total disability and permanent total disability from July 1,

2013 through June 30, 2014 is $853.08. Permanent partial disability is $446.85. Temporary total disability

and permanent disability from July 1, 2014 through June 30th, 2015 is $861.04. Permanent partial disability is

$451.02. Amounts change yearly.


Indefinite, if claim is made within statute of limitations and necessary treatment is related directly to the injury

claimed.

16

New Jersey


Andrew R. Topazio, Esq. Marciano & Topazio 512 Westminster Avenue Elizabeth, NJ 07208 908-994-0161 phone 201-787-5781 mobile 908-994-0162 fax [email protected]

Eric I. Fogelgaren, Esq. Robert Bergman, Esq. Jonathan Forman, Esq. Fogelgaren, Forman & Bergman, LLP 100 William St. Suite 1902 New York, NY 10038 212-962-1200 phone 212-608-5035 fax [email protected]

Warren C. Farrell, Esq. Glenn A. Farrell, Esq. Sachs, Maitlin, Fleming & Green 80 Main Street, Suite 310 West Orange, NJ 07052 973-731-3400 phone 973-731-2896 fax [email protected] [email protected]


Specific injury is 2 years from date of injury or 2 years from date of last authorized treatment.

Occupational/Cumulative Trauma condition is 2 years from date you have knowledge that your disability is

related to your work exposure. 2 year cut-off strictly observed.

Max Weekly Amounts:

Currently, the amount is $810.00 per week. Amount will be increased as of July 1, 2013 to two thirds of the

State average weekly wages.


As ordered by the Court.

With increased work related disability (within two (2) years of last payment), a “re-opener” petition may be filed

in New Jersey.

17

New York


Buffalo Robert Villarini, Esq. Villarini & Henry 16 Main Street Hamburg, NY 14075 716-648-0510 phone 716-648-1806 fax [email protected]


2 years from the date of injury. Notice of the injury must be given to the employer within thirty (30) days of the

injury. Due to mitigating circumstances such as advance payments of compensation, medical benefits and

salary paid by the employer, there is substantial opportunity to file claims long after the statute has expired.

Max Weekly Amounts:

$803.21 for injuries occurring after July 1,2013 and $808.65 for injuries occurring after July 1, 2014.


Benefits are no longer of indefinite duration. For non-scheduled injuries, permanent partial disabilities now

have a cap of 525 weeks after classification depending on the percentage of disability found. Medical coverage

is still indefinite.

18

North Carolina


Leonard T. Jernigan, Jr., Esq. The Jernigan Law Firm 2626 Glenwood Ave. Carolina Place Bldg., Suite 330 Raleigh, NC 27608 919.833.0299 (main phone) 919-256.2595 (fax) [email protected]

James Lore, Esq. R. James Lore, Attorney at Law 102 – I Commonwealth Court Cary, N.C. 27511 919-469-9103 phone 919-469-9193 fax [email protected] www.JimLoreLaw.com

Martha Ramsay, Esq. The Ramsay Law Firm, P.A. 10610 Metromont Parkway, Suite 205 Charlotte, NC 28269 704-376-1616 phone 704-376-8887 fax [email protected]


It is in good practice to report a claim in writing to the team immediately after an injury has been sustained and

to retain a copy. Claims not reported within 30 days can theoretically be dismissed. As a practical matter a

player usually has 2 years from the date of injury or 2 years from the date the employer last pays for medical

treatment, whichever is later, within which to file a claim. For conditions treated as an occupational disease

such as arthritis or degenerative disc disease, etc., the player has 2 years from notice to the player from

physician that there is a connection between the condition in question and the playing of professional football if

the player has lost wages or 2 years from the date he first loses wages, whichever is later.

Max Weekly Amounts:

The weekly compensation rate is two thirds (2/3) of the average weekly wage. The average weekly wage may

include the player’s future entitlements by contract. However, the weekly compensation rate may not exceed a

weekly max that is adjusted annually. Thus, the applicable max would vary depending on the year of traumatic

injury or onset of disability from an occupational disease. The maximum weekly rate for 2005 is $704.00; for

2006, $730.00; for 2007, $754.00; for 2008, $786.00; for 2009, $816.00; for 2010, $834.00; for 2011, $836.00;

for 2012 $862.00; for 2013, $884, for 2014 $904, and for 2015 $920.00.


For some catastrophic injury total disability cases, indemnity is paid for up to life. In other total disability cases,

full benefits may be paid until reduced by receipt of social security retirement benefits. For most cases in which

a player is not totally disabled but unable to continue playing football, benefits are payable for up to 500 weeks

from the date of the injury. For all other categories of claims, benefits are payable according to a statutory

impairment rating schedule by body part. Future medical care is limited to 2 years after the final payment

unless extended by obtaining a medical opinion and filing a Form 18m indicating there is a substantial risk the

player will need medical treatment for the condition in the future in which case the future medical coverage can

be for life.

19

Ohio


Cincinnati Louis J. Finkelmeier, Esq. Finkelmeier Law Firm 36 East Seventh Street, Suite 1660 Cincinnati, OH 45202 513-621-9921 phone 513-621-9923 fax [email protected]

Cincinnati Ron Bella, Esq. 1014 Vine Street, Suite 2200 Kroger Building Cincinnati, OH 45202 513-241-7111 phone 513-842-1966 direct 513-349-7706 cell 513-842-4300 fax [email protected]

Cleveland Patrick Alcox, Esq. 75 Public Square, Suite 650 Cleveland, OH 44113 216-575-1560 phone 855-241-4851 fax [email protected]


2 years from date of injury (statute of limitations may be tolled if self-insured employer pays benefits equivalent

to that required by Ohio Workers’ Compensation Act).

Max Weekly Amounts:

$862.00 per week for 2015 injury.


For injuries occurring prior to August 25, 2006, 6 years from date of last payment of medical benefits wherein

no compensation or wages in lieu of compensation is paid, ten years from date of last payment in claims

wherein compensation or wages in lieu of compensation is paid. For injuries occurring on or after August 25,

2006, 5 years from the date of last payment of compensation or medical bill.

20

Pennsylvania


Philadelphia George Martin, Esq. Martin Banks 1818 Market Street, 35th floor Philadelphia, PA 19103 215-587-8409 phone 215-587-8417 fax [email protected]

Pittsburgh Edward J. Abes, Esq. Thomas Baumann, Esq. Abes Baumann, P.C. 810 Penn Avenue, 5th Floor Pittsburgh, PA 15222 412-765-2772 phone 412-765-0906 fax [email protected] [email protected]


3 years from the date of injury or 3 years from the date of last payment of a medical bill for the work injury paid

by the Team or its Workers’ Compensation Insurance carrier.

Max Weekly Amounts:

Weekly benefits are based on the year of injury. The maximum compensation rate for a 2015 injury equals

$951.00. Each year's maximum rate is equal to the statewide average weekly wage.


Medical benefits are lifetime for a work-related injury as long as treatment is reasonable and necessary.

21

Tennessee


A. Gregory Ramos, Esq. North, Pursell & Ramos, PLC Bank of America Plaza 414 Union Street, Suite 1850 Nashville, TN 37219-1783 615-255-2555 phone 615-255-0032 fax [email protected]


The Tennessee statute of limitations for Workers’ Compensation cases is potentially very short. The general

rule is that in order to preserve your claim for workers’ compensation benefits, a formal, written claim must be

filed within 1 year of the date of injury. Failure to file the formal, written claim within this time period means your

right to workers’ compensation benefits is barred. However, if the employer makes voluntary payments of

compensation or voluntarily provides medical benefits (including payment of temporary disability benefits or

payment of medical expenses you incurred as a result of the injury) during the one-year period following the

injury, the employee is given additional time to file his workers’ compensation claim. In this situation, the

employee’s workers’ compensation claim must be filed within one (1) year from the latter of the date the

employer shall cease making such voluntary payments or within one (1) year of the date of the last authorized

medical treatment.

Max Weekly Amounts:

The maximum weekly rate generally increases each year. The maximum weekly permanent disability payment

for injuries occurring during the period of July 1, 2014 to June 30, 2015 is $848.00.


Medical benefits are lifetime for a work-related injury, provided the claim is properly and timely filed.

22

Texas


Houston Michael Sprain Sprain Law Firm, P.C. 3700 Montrose Blvd., First Floor Houston, Texas 77006 713-592-6300 phone 713-592-6557 fax [email protected]

Dallas John Collins, Esq. Burleson, Pate, Gibson, L.L.P. 900 Jackson St., Suite 300 Dallas, TX 75202 214-871-4900 phone 214-871-7543 fax [email protected]


30 day notice of injury must be given to Employer. A claim must be filed within 1 year with the Texas

Department of Insurance - Division of Workers' Compensation. The one-year limitations period is tolled if the

Employer does not file a first report of injury.

Max Weekly Amounts:

$861 per week paid as Temporary Income Benefits (TIBs) during periods of disability between the date of

injury and the date of maximum medical improvement (MMI). Once MMI is reached, the Claimant is assigned

a whole body impairment rating.

Three (3) weeks of Impairment Income Benefits (IIBs) are paid for each percent of impairment assigned under

the AMA Guides. Typically, IIBs are paid weekly until they run out and are currently $602 a week.

Supplemental Income Benefits (SIBs) at $602 a week after the IIBs are exhausted. A Claimant is entitled to

SIBs if, during the qualifying period, the Claimant has earned less than 80% of the pre-injury average weekly

wage as a direct result of the injury and the Claimant has shown an active effort to obtain employment.

Max Weekly Amounts:

Max weekly SIBs amounts are calculated at the same weekly rate as IIBs, but are paid to the Claimant on a

monthly basis. The Claimant must qualify for these benefits quarterly and if he continues to be entitled to

them, may be paid for up to 401 weeks from the date of injury.


Most income benefits are limited to 401 weeks, maximum. Lifetime income benefits are available under limited

circumstances. Lifetime medical benefits cannot be bargained away or settled and are based upon medical

necessity. The Carrier and/or the Employer may require the use of medical networks certified by the

Department of Workers' Compensation. If required and available near the home of the injured worker, he or

she must utilize the networks or be personally liable for all or part of the medical bills. There are no lump sum

settlements in the State of Texas for workers' compensation claims.

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Virginia


Gerald Herz, Esq. Benjamin Boscolo, Esq. Barry Chasen, Esq. CHASENBOSCOLO, INJURY LAWYERS 7852 Walker Drive, Suite 300 Greenbelt, MD 20770 301-220-0050 phone 301-474-1230 fax [email protected] [email protected] [email protected]


2 years for an accidental injury which is defined as a discernable event occurring at a particular place and time

which is unexpected or unintended. Injuries sustained as a result of cumulative trauma are NOT covered.

Max Weekly Amounts:

The maximum weekly rate compensation in 2015 is $967.00 per week plus lifetime medical care. The

compensation rate is based on two-thirds of the average weekly wage. Injured players are entitled to

compensation for loss of wages caused by an injury sustained while they are playing. Players are entitled to

compensation for permanent injuries to certain body parts even if they continue to play.


Lifetime medical benefits. A player has three years from the date of injury to collect permanent partial disability

benefits.

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Washington


William D. Hochberg, Esq. Law Office of William D. Hochberg 222 Third Avenue N. Edmonds, WA 98020 P.O. Box 1357 Edmonds, WA 98020 425-744-1220 phone 425-744-0464 fax [email protected] [email protected]


A written claim must be filed within 1 year of the date of injury or 2 years from the date the player receives

written notice if the claim is an occupational disease.

Max Weekly Amounts:

The maximum time loss rate effective 7/1/13 is $ 5,159.50.


Benefits are only paid while the claim remains open. Claims should stay open as long as the player receives

treatment and is not at maximum medical improvement. Once a player reaches maximum medical

improvement, permanent partial disability benefits may be awarded based on the impairment rating given by a

physician and vary by the body part injured. The permanent partial disability award for compensation for

unspecified disabilities of 100% as compared to total body impairment for injuries on or after July 1, 2013 is

$194,446.65.

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Wisconsin


John Earl Drana, Esq. The Drana Group 789 N. Water Street, Suite 480 Milwaukee, WI 53202 414-347-9292 phone 414-630-2183 mobile 414-347-4117 fax [email protected]


12 years from the date of injury or from the date the player last received benefits or should have received

benefits.

Max Weekly Amounts:

For 2015, the maximum weekly temporary total disability benefit is $911.00 per week and the maximum weekly

permanent partial disability benefit is $322.00 per week.


Temporary total disability benefits are paid during each week a player remains in a healing period. Permanent

partial disability benefits are paid after the player reaches end of healing. The amount of weeks a player

received PPD benefits is a factor of the percentage disability assessed by the physician with that percentage

applied to a statutory schedule. For example, 10% permanent disability of the knee is applied to 425 weeks,

thus 42.5 weeks x $322/week= $13,685.00

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*This Overview of Workers’ Compensation has been compiled by the NFLPA with the assistance of the

NFLPA Workers’ Compensation Panel Attorneys. This should not be considered legal advice; please

contact your team’s representative (listed above) for questions regarding injury benefits or contact the

NFLPA at 800-372-2000.

WORKERS’ COMPENSATION OVERVIEW - Microsoft · Illinois NFLPA Workers’ Compensation Panel...

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