Sponsor of New Orleans Saints bill opposed by players pulls legislation

Good

Good to know Mark Ingram still has an injury option even if he didn't get the 5th year option.

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Good to know Mark Ingram still has an injury option even if he didn't get the 5th year option

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This bill would not affect players who are under contract for a season and get placed on injured reserve. This bill is relevant for players who are in training camp without guaranteed contract or in rookie free agent camp as was held last week. Thus, Victor Butler, Will Smith, Jonathan Vilma etc would not have been subject to WC as they had guaranteed contracts last year.

Under the WC Act the WC indemnity rate is based upon the employees employment status or category not his potential earning. If the employee is a standard 40 hour a week or more worker then the rate is based upon the prior four weeks of wages.

If regular part time the four prior weeks also applies, if less than 40 at employer discretion then the rate is rolled up to 40 hours.

If the employee is a piece worker or commission then the rate is formulaic. If annual salary then gross pay divided by 52.

All categories are limited by the maximum rate in effect on the date of accident.

So if a player is in free agent camp paid the amount allowed he should not receive WC based upon what he would have earned if he later made the team. By the same token a summer intern at an accounting firm would not receive a WC rate based upon their probable earnings if hired after graduation.

Unless the legislature wants to carve out a separate law for pro athletes they should remain subject to the same rules as other workers. There are additional nuances that apply to each situation such as the extent of permanent disability, ability to return to prior employment availability of modified duty.