The New York Times has an interesting piece on the growing litigation of former NFL players suing for Workers’ Compensation benefits in California as a means to increase their benefits for the alleged effects the sport has on their diagnosed dementia.  While I will not assume I have knowledge of California law, I would like to explore the possibilities of this occurring in the State of Florida.

Considering Florida has three NFL teams, one as old as 1966, there is a significant pool of potential Claimants this can affect.  First, we have to remember that professional athletes are excluded from the Workers’ Compensation Act, if they are performing their “athletic duties.”  A professional athlete can receive benefits if they are working in a non-athletic capacity, like at a team press conference.

But, there are professional sports teams in Florida who do decide to voluntary carry Workers’ Comp coverage.  If any one of our three NFL teams does do that, then this analysis would apply. (more…)