{"id":2225,"date":"2017-02-26T18:42:55","date_gmt":"2017-02-26T23:42:55","guid":{"rendered":"http:\/\/sites.law.duq.edu\/juris\/?p=2225"},"modified":"2017-11-20T20:18:16","modified_gmt":"2017-11-21T01:18:16","slug":"illinois-s-b-12-and-its-effect-on-current-and-former-pro-athletes","status":"publish","type":"post","link":"https:\/\/sites.law.duq.edu\/juris\/2017\/02\/26\/illinois-s-b-12-and-its-effect-on-current-and-former-pro-athletes\/","title":{"rendered":"Illinois S.B. 12 and Its Effect on Current and Former Pro Athletes"},"content":{"rendered":"
Photo courtesy of Pixabay<\/figcaption><\/figure>\n

 <\/p>\n

By George Pappas, Staff Writer<\/strong><\/p>\n

The Illinois State Senate has proposed a bill that would end disability benefits for professional athletes at age 35.\u00a0S.B. 12 would add a provision to the Workers Compensation Act that specifically singles out professional athletes who would otherwise receive permanent partial disability benefits until the age of 67. Any other permanently injured worker in the state of Illinois can claim these benefits for the term of their natural life, which is set at 67 years old.<\/p>\n

The legislation is sponsored by Illinois Senate Minority Leader Christine Rodogno (R-Lemont) and is being pushed by the McCaskey family, the owners of the Chicago Bears.[1]<\/sup><\/a> S.B. 12 also has formal endorsements from all five major Chicago sports franchises \u2014 with the Bulls, Blackhawks, Cubs, and White Sox joining the Bears in arguing that athletes do not expect their playing careers to last until age 67 and therefore should not be entitled to disability benefits until then, either.[2]<\/sup><\/a><\/p>\n

\u201cWe do know this: No players play in their athletic career in their usual and customary line of employment until they\u2019re age 67,\u201d said\u00a0Bears general counsel Cliff Stein. \u201cAnd if they take another job after their athletic career is over in the state of Illinois, they will be entitled to wage-differential benefits if they are injured doing that job.\u201d[3]<\/sup><\/a><\/p>\n

Stein\u2019s reference to the \u201cwage-differential benefits\u201d is a major point of contention with this bill.\u00a0Under the current Illinois workers\u2019 compensation act, workers who sustain a career-ending injury are eligible for permanent disability benefits based on two-thirds of the difference between their pre- and post-accident salaries.\u00a0So, if an athlete who was making $100,000 per year becomes injured and can no longer compete takes a job making $70,000 per year, then the current system would pay them $20,000 per year in permanent disability benefits.<\/p>\n

Seeing as this bill will only affect professional athletes and no other specific sectors or workers, proponents of the bill would have to find a way around the Equal Protection Clause. They may look to Lyons v. W.C.A.B.<\/em> (Pittsburgh Steelers Sports, Inc.) (2002). The court held that the workers\u2019 compensation statute, Pa. Stat. Ann. tit. 77, \u00a7 565, limiting the amount of partial disability benefits received by professional athletes did not violate equal protection (U.S.C.A. Amend. XIV) under the rational basis test; professional athletes willfully held themselves out to a risk of frequent, repetitive, and serious injury in exchange for lucrative compensation.[4]<\/sup><\/a><\/p>\n

Additionally, states such as Florida and Massachusetts have longstanding legislation that has excluded professional athletes from their workers\u2019 compensation system for years.[5]<\/sup><\/a> Many other states have limited the degree in which professional athletes are eligible for workers\u2019 compensation benefits.[6]<\/sup><\/a><\/p>\n

S.B. 12 defines \u201cprofessional athlete\u201d as any individual whose employer is a professional athletic team that is based in Illinois, including, but not limited to, any professional baseball, basketball, football, soccer, or hockey team based in Illinois and who derives the majority of his or her income from playing athletics for the team.[7]<\/sup><\/a> Proponents of the bill note that lowering the benefits age from the current 67 years old to 35 would alleviate the fiscal burden on businesses and taxpayers.[8]<\/sup><\/a>[9]<\/sup><\/a><\/p>\n

Teams must pay into an insurance fund that is then used to provide medical and disability benefits to employees who sustain serious injuries on the job.[10]<\/sup><\/a> This provides players a level of financial security, as most if not all will sustain significant injuries throughout their playing careers \u2014 injuries that can have lifelong effects on their wellbeing.<\/p>\n

While proponents of the bill are excited about the fiscal benefits it may bring the owners, others are not to keen about these changes. Empire of Soccer\u2019s Christian Araos gave his opinion on the bill: \u201cVery simply, it\u2019s just a money grab by the owners, the teams. It\u2019s not going to save the taxpayers any money. \u2026 It\u2019s an attempt by the teams to shirk their responsibilities under the workers compensation laws and to treat athletes differently than other workers.\u201d[11]<\/sup><\/a><\/p>\n

NFLPA Director DeMaurice Smith agreed with Araos\u2019 assessment: \u201cIts only effect is to hurt people who get hurt for a living,\u201d Smith also said that \u201c[i]t\u2019s just cheapness. It\u2019s just being cheap,\u201d describing the team owners backing a bill that would limit their responsibilities to the players they employ.[12]<\/sup><\/a><\/p>\n

This bill would not have a significant effect on MLB players, as they have guaranteed contracts, and under their CBA, the teams must cover players\u2019 full medical care for any baseball-related injuries.[13]<\/sup><\/a> However, who this will affect greatly are players in the NFL and MLS who either do not have guaranteed contracts or do not make the lucrative compensation of players in other leagues.<\/p>\n

The median salary for an MLS player in 2016 was $117,000, and the average salary was $316,777.33.[14]<\/sup><\/a> While that does seem like a nice salary to the average person, in the world of athletics, this is quite low. The NFL has the next lowest average salary at $2.1 million.[15]<\/sup><\/a> With respect to the Chicago Fire of the MLS, 15 of their 26 players earn less than the median salary.[16]<\/sup><\/a><\/p>\n

Though NFL players have a decent average salary, players face a greater chance of sustaining a career-ending injury on the playing field as compared to other sports, but the players\u2019 contracts are not guaranteed. What this means is that a team can cut a player at any point after he has suffered a serious injury without the obligation to pay the remainder of that player\u2019s contract.<\/p>\n

The debate continues to rage on as proponents and opponents of the bill exchange heated responses with neither side backing down. One player\u2019s representative has promised strong repercussions if S.B. 12 is passed. \u201cI will tell you from the bottom of my heart that this union will tell every potential free-agent player, if this bill passes, to not come to the Bears,\u201d Smith said. \u201cBecause think about it: If you\u2019re a free-agent player and you have an opportunity to go play somewhere else where you can get lifetime medical for the injury you\u2019re going to have, isn\u2019t a smarter financial decision to go to a team where a bill like this hasn\u2019t passed?\u201d[17]<\/sup><\/a><\/p>\n

 <\/p>\n

Sources<\/strong><\/p>\n

\n

[1]<\/a> Chris Emma, NFLPA Director DeMaurice Smith Attacks Bears\u2019 Backing Of Illinois Workers\u2019 Comp\u00a0Bill<\/em>, chicago.cbslocal.com (February 3, 2017), http:\/\/chicago.cbslocal.com\/2017\/02\/03\/demaurice-smith-nflpa-will-sway-players-from-signing-with-bears-if-illinois-workers-comp-bill-passes\/<\/a>.<\/p>\n

[2]<\/a> Dan Wiederer, Bears confident support for workers’ comp changes won’t affect free-agency efforts<\/em>, chicagotribune.com (February 11, 2017), http:\/\/www.chicagotribune.com\/sports\/football\/bears\/ct-nflpa-bears-workers-compensation-20170210-story.html<\/a>.<\/p>\n

[3]<\/a> Id.<\/em><\/p>\n

[4]<\/a> Lyons v. W.C.A.B. (Pittsburgh Steelers Sports, Inc.), 803 A.2d 857, 112 A.L.R.5th 757 (Pa. Commw. Ct. 2002).<\/p>\n

[5]<\/a> Nathaniel Grow, Major League Baseball and Workers\u2019 Comp<\/em>, fangraphs.com (February 8, 2017), http:\/\/www.fangraphs.com\/blogs\/major-league-baseball-and-workers-comp\/<\/a>.<\/p>\n

[6]<\/a> Id.<\/em><\/p>\n

[7]<\/a> 100th<\/sup> General Assembly State of Illinois 2017 and 2018.\u00a0 SB0012. Introduced 1\/11\/2017, by Sen. Michael Connelly.<\/p>\n

[8]<\/a> Joseph Zucker, MLS Players Union Speaks Out Against Illinois Workers\u2019 Comp Bill<\/em>, bleacherreport.com (February 8, 2017), http:\/\/bleacherreport.com\/articles\/2692068-mls-players-union-speaks-out-against-illinois-workers-comp-bill<\/a>.<\/p>\n

[9]<\/a> Cory A. DeCresenza, Illinois Senate Proposal to Limit Workers\u2019 Compensation Benefits to 35 Years of Age<\/em>, sportslawinsider.com (January 27, 2017), http:\/\/sportslawinsider.com\/tag\/senate-bill-12\/<\/a>.<\/p>\n

[10]<\/a> Grow, Major League Baseball<\/em>, supra<\/em>.<\/p>\n

[11]<\/a> Zucker, MLS Players Union<\/em>, supra<\/em>.<\/p>\n

[12]<\/a> Emma, NLFPA Director<\/em>, supra<\/em>.<\/p>\n

[13]<\/a> Grow, Major League Baseball<\/em>, supra<\/em>.<\/p>\n

[14]<\/a> Zucker, MLS Players Union<\/em>, supra<\/em>.<\/p>\n

[15]<\/a> Id.<\/em><\/p>\n

[16]<\/a> Id.<\/em><\/p>\n

[17]<\/a> ESPN.com news services, NFLPA will sway free agents from joining Bears if bill passes<\/em>, espn.com (February 5, 2017),\u00a0 http:\/\/www.espn.com\/nfl\/story\/_\/id\/18618138\/nflpa-steer-free-agents-signing-chicago-bears-senate-bill-passed<\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":"

  By George Pappas, Staff Writer The Illinois State Senate has proposed a bill that would end disability benefits for professional athletes at age 35.\u00a0S.B. 12 would add a provision to the Workers Compensation Act that specifically singles out professional athletes who would otherwise receive permanent partial disability benefits until [\u2026] <\/p>\n

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