California lawmakers are considering legislation that would restrict workers’ compensation rights for professional athletes. Senate Bill 795, introduced by Senator Laura Richardson, would narrow the circumstances under which professional athletes can pursue cumulative trauma claims in California. Owners of professional sports teams in California characterize the proposal as a refinement of existing law, but the players’ association (NFLPA) argue that it would further erode protections for workers whose careers routinely expose them to repetitive physical trauma and long-term occupational injuries.
Current law, established through AB 1309 in 2013, requires professional athletes seeking cumulative trauma benefits to demonstrate that they spent at least 20 percent of their duty days in California during the final 365 days of employment with the employer against whom the claim is filed. SB 795 would alter that standard by measuring the 20 percent threshold against the final 365 days of an athlete’s entire professional career. Additionally, the bill seeks to rewrite LC3600.5 in an overall attempt to further restrict California workers’ compensation jurisdiction for professional athletes, one such example of that is athletes who spent substantial portions of their careers competing and sustaining injuries in California could lose access to the state's workers’ compensation system because they finished their careers with an out-of-state team.
One aspect of the proposed legislation that has drawn particular attention is how it will be applied to active and pending claims. According to the NFLPA, SB 795 would apply not only to future claims but also to active and pending cases still moving through California’s workers’ compensation system. The players’ union maintains that athletes who filed claims under the existing legal framework could see their eligibility affected if the bill becomes law before those cases are finalized.
The NFLPA has opposed the measure, asserting that professional athletes should not face additional hurdles and barriers to accessing workers compensation benefits. The union has been joined by both the National Hockey League Players’ Association and the Major League Soccer Players Association in opposing the bill. As SB 795 moves through the legislative process, stakeholders will continue to monitor the proposal and its potential effect on the availability of workers’ compensation benefits for professional athletes.
