Pro-Football, Inc., T/A The Washington Redskins, et al.,v. Thomas J. Tupa, Jr. CoA No. 29, Sept. Term 2011. Argued Nov. 8, 2011. Decided Aug. 22, 2012..
Issue: Was a professional football player entitled to Maryland workers’ compensation benefits for an injury sustained in Lanham, where the contract provided that such claims would be governed by Virginia law?
Holding: Yes; affirmed. Maryland law bars a contractual waiver of rights to which the employee would otherwise be entitled under Maryland Workers’ Compensation Law, and there is no exception for forum-selection clauses. In addition, there is no requirement in Maryland that the injury be unexpected in order to be compensable.
7 comments:
It is a job and they do get injured fairly often. But it's a bit over the top if you ask me.
So are they paying workmans Comp insurance?????thats the true question!
Maybe bull riders would qualify.
Good thing he didn't work for Wal-Mart. He'd get squat.
Bring him back to camp (work) and then cut him would be my first thought...except:
Drafted 1988 as QB; almost all of career was kicker for several teams.
2005 season was on Injured Reserve and played in no games. Would have been paid in accord with his contract and IR provisions.
Announced football retirement in 2006.
Skins thought they had this issue covered in advance re: contract provision that VA law would prevail...surprise!
Would be interesting to see how much money and for how long was involved.
Guess Ravens and Skins will now need to 'hire' players as independent contractors :)
or walk around Annapolis with an open wallet.
Waaait a minute. I'm a Construction Contractor. He's a Football Contractor. You mean to tell me that if I get hurt on the job and can't work I get worker's compensation insurance? Well, let's see. When I applied for my woekmans comp insurance policy for me and my men, which I pay for monthly, I had a checkbox choice to either include myself or exclude myself on the policy. Either choice was legal, and only affected the rate I would be paying. So, the questions here are, "Did he buy his own workmans Comp policy and pay for it himself?", and then, "If he did, did he check the box or not?". I live in Maryland, too.
My advice for the Redskins - move the entire training camp from Maryland to Virginia.
Just do like most all of the other exodus of businesses from Maryland - go to Virginia. The Governor there will welcome you wholeheartedly.
Maryland - on the other hand is a Tax Hell - (Money Magazine Quote).
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