The physical rigors of an NFL career are familiar to any football fan. However, the unfortunate case of former Cincinnati Bengal Reggie Williams is one that stands out, and is instructive of the difficulties faced by former NFL players in getting post-career medical treatment. During a playing career, all medical care for players is covered under the league’s collective bargaining agreement. And vested players (those with at least three-years experience) are entitled to medical care for five years after the end of their career. However, as in Williams’ case, many of the most expensive problems players face do not manifest until well after the five-year coverage period expires. Williams has had 24 knee operations, including bilateral knee replacements, along with myriad infections that may one day cost him one or both legs. Players who purchase private policies after the five-year coverage period is over will typically be subject to exclusion clauses that disclaim coverage for the exact sites of injury for which the player would be seeking medical care.
As a result, many players are turning to workers’ compensation as a means of getting medical covered. In virtually every state, medical under workers’ compensation is a lifetime entitlement. However, most players find their claims being opposed by their former teams for one of two reasons. The first is statute of limitations; many states have a 1 or 2 year period in which claims can be brought. The second is the “cumulative injury” doctrine. In most states, a workers’ compensation injury must be attributable to a singular defined event. For instance, if a running back blows out his knee on a play, that would be just such an event. However, the cumulative trauma to that same knee brought on from hundreds, if not thousands, of collisions over years of playing would not be considered compensable. California is one such state that recognizes the “cumulative injury” doctrine. New York is another. We have previously discussed the mass influx of claims into California’s workers’ compensation system, generally considered one of the most liberal in the country. The Assembly has taken up legislation that would essentially bar out-of-state athletes from filing claims, and as of this writing, that is still pending. New York has traditionally had a fairly low threshold for personal jurisdiction, and could become a new favored venue for players.
Since it is unlikely that most states are going to become open to the “cumulative trauma” doctrine, as it would mean an influx of claims into their systems, and thus increased costs, players will need to be more active about filing claims for injuries during their careers. This has the disadvantage of leading to contentious litigation between player and team, and potentially marking a player as a troublemaker with management around the league. However, the alternative is likely worse: multiple surgeries that would have to be paid out of pocket.