by Michael Memberg, Esq.

There has been a lot of recent news coverage about how the NFL is addressing concussions and other brain injuries. However, another side to the story is that former NFL players have been filing workers’ compensation claims in California instead of the state where their team was based. This trend stems from favorable workers’ compensation laws in California, which allow athletes to allege a cumulative injury occurring in California, even if they only played one game there. California is the only state with such lenient provisions. The Atlanta Falcons have now become the latest team to sue former players who have filed workers’ compensation claims in California to force them to litigate the claims in Georgia.

The players have taken the position that they are eligible for benefits under California law. The approach taken by the Falcons and several other NFL teams has been to use arbitration to enforce clauses in player contracts that require claims to be filed in the team’s home state. The Falcons, among other teams, have prevailed at arbitration, and they are now seeking to enforce the arbitration award in federal court.

The arbitration successes are promising for the NFL and the teams involved, but it remains to be seen how the federal judges react to the arbitration awards. With all of the recent attention about the history of the NFL downplaying or ignoring player injuries, the judges might be convinced to find for the players. We are continuing to monitor this issue as it develops.