Salim Punjani, Esq.

Salim Pujani, Worker's Compensation Attorney

This summer, the spotlight on NFL news has extensively covered the lockout and negotiations toward a collective bargaining agreement. Therefore, Floridians may have missed the local news pushed through by NFL teams and of far greater significance to everyday citizens of the Sunshine State. I’m referring of course to house bill 723, the “Reciprocity Statute,” signed into law by Gov. Rick Scott on June 16^th, and which went into effect July 1.

Until the enactment of this bill, Florida law did not include professional athletes in the worker’s compensation system, so pro football (and other sports) players had the option to shop around states where they “worked” (played) in order to claim worker’s comp for any injuries. In that situation, the team ownership, like any employer, would have to abide by local worker’s comp laws. This structure has allowed many athletes to file in California, which has arguably the most liberal worker’s compensation laws, and allowed team ownership as employers to opt-out of the worker’s comp system in Florida.

Generally, traveling employees who become injured in the course of their job duties file for worker’s comp in the state where they suffered the injury. In the new bill, HB 723, the legislature and Gov. Rick Scott have passed a new standard preventing the injured from pursuing a claim in another state. Now, employees on an out-of-state trip for less than 10 consecutive days or 25 days in a year will file a worker’s comp claim in Florida and are entitled to compensation as if injured in Florida. Of course, this does not apply to professional athletes alone, but to every Florida employer and employee. Therefore, anyone traveling outside the state for their job who suffers an injury must then waive any preferences of jurisdiction which may have been afforded them by filing in the state where the injury occurred.

This new legislation heavily favors the employer’s needs and concerns while imposing yet another limitation on injured workers, especially those who regularly travel out of state as a part of their business duties. Whereas previously an injured person had the right to file in another state that might have afforded them different rights in their compensation claim, the injured employees are now prevented from taking advantage of benefits or advantages not provided by Florida’s worker’s compensation system. For example, other states may allow a greater period of time for an injured worker to collect indemnity benefits, or a longer statute of limitations to file a claim of injury before they are no longer eligible. In other states, Florida insurance companies may not have the same amount or level of influence on treatment as they do if the person is treated in Florida. Particularly, in Florida, after an employee has begun to receive indemnity benefits, in some circumstances an insurance carrier can unilaterally stop benefits if it is their opinion that the injured employee is not entitled to those benefits. Elsewhere, the insurance carrier may have to effectively request permission from the court in order to cease benefits once they’ve begun. Basically, the rights of the injured employee may be restricted or limited by having no choice other than to file in Florida’s system because of this new law.

If an employee is likely to be injured in the course of their job duties, like professional athletes are, the likelihood of multiple claims and the potential increase of both cost and confusion are virtually guaranteed. In addition, the currently strained worker’s comp system in Florida will be inclined to absorb additional claims, and fringe expenses may increase from the time and effort that employees of the system will have to spend in additional work needed to process out-of-state claims.

I assume that because of this new structure professional athletics will no longer be able to opt-out of the worker’s compensation system – which may be good news for their insurance companies – but the question remains whether forcing any employer with nationally travelling employees into a single state’s overburdened system is a good decision in the long run. Whenever rights are taken from individuals and power is given to a collective force it causes me to take notice, and further drives my passion to fight for justice for every injured person in Florida.

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