Workers compensation is a system of benefits designed to compensate workers for injuries that occur in the workplace. Those benefits may include temporary disability payments, an award for permanent disability, vocational rehabilitation benefits, a life pension and/or medical care.

Yes. Professional sports teams are employers. Athletes that compete on behalf of professional sports teams are employees. Unless an employer is self-insured, professional sports teams are required to purchase workers’ compensation insurance. Once a claim is filed the case proceeds against the insurance company and not the team.

Yes. You do not need to reside in California or be employed by a California team to received California workers’ compensation benefits. Under current law a professional athlete can received benefits in California if he/she did one of the following:

1. played or participated in games in California;
2. negotiated his contract in California;
3. employed a California agent.

Typically, an injured athlete is eligible to receive an award of permanent disability. In addition, an athlete may receive a life pension as well as future medical care.

The benefits you receive and the amounts you recover, if any, depends upon the unique facts of your case. It would not be unusual for an athlete to receive a tax-free award of between $50,000 to $250,000 depending upon the sport and the years of retirement. Individual cases vary and this is not a representation of the value of your claim.

Yes. While the statute of limitations required that a claim be filed within one (1) year of the date of the injury, many athletes are unaware or do not feel the effects of their cumulative injuries until many years later. Under these circumstances you may still seek benefits and your claim would not be barred by the statute of limitations.

In addition, when you are injured your employer must advise you of your right to workers’ compensation benefits in writing. In most cases they do not. Under these circumstances the team may not assert you filed your claim too late.

Yes.

There are two types of injuries under California workers’ compensation law. Specific injuries occur at a specific time and place such as practice or during a game. California also permits an athlete to recover for disability that is caused by cumulative injuries or wear-and-tear. In many cases an athlete is not even aware he is disabled until years after retirement.

Many athletes suffer for years without getting proper treatment. In many cases, the body is ravaged with the cumulative effects of having played professional sports. Under California law you are entitled to receive medical care for injuries related to professional sports.

Nothing.

The Cohen Law Firm works on a contingency fee basis. What this means is that if we don’t win your case we do not get paid. If we do win the case we receive 18% of the total award. In certain instances that fee is reduced to 15%.

The Cohen law firm will arrange for physicians’ appointments and for diagnostic examinations here in California. These are paid for by the insurance companies.

Travel to California for medical examinations is also paid for by the insurance companies. In some cases, the athlete will need to make the arrangements and will be reimbursed.

In recent years, the time between the filing of the claim and either settlement and/or trial has grown. This is due to state budget cuts and the number of cases processed in the California workers’ compensation system.

While we do our best to prosecute the cases as quickly as possible, it can take between 18-24 months to prosecute your claim. Depending on the circumstances many cases do resolve more quickly.

Call us!  We will take down some initial information and provide you with a comprehensive questionnaire and other documents for your signature. Once we received the signed documents back from you we will file you claim. It is that simple.