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WWL>Topics>>5-15 8:15am Tommy, worker's comp for athletes

5-15 8:15am Tommy, worker's comp for athletes

May 15, 2014|

Tom Benson and Drew Brees disagree about a proposed Workman’s Comp law that would address workman’s comp for pro athletes in Louisiana. Can rules for the regular workplace really be applied to professional athletes? Tommy talks to Rep . Chris Broadwater on his position.

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Automatically Generated Transcript (may not be 100% accurate)

Chris -- water state representative joins us right now. Talk about this workman's comp line. You represented thanks for your time first of all. And saying Leonard Bobby indeed talking about this last night and and understand a lot of it because I've never been on workman's comp in my life I don't know what the losses now. And I relates to professional athletes and on a note this law would change silicone we live so we started there because I think a lot of people like me know -- -- -- but they don't know about it. Sure sure and who would have ever thought that it would. And Scott would be a topic conversation forward -- for a couple under. Exactly and there's a topic unless there's some kind of abuse or something else you know. Right right it did digital conscript workers compensation Louisiana's that. It's mandatory for all employers to maintain workers' compensation insurance so that there's a safety -- there. In the event that an employee gets hurt in the course and scope of their employment. When an individual does it hurt originally titled the two types of benefits and about one medical care. -- and secondly -- type of wage replacement benefits. And that's where this issue comes up -- there was legislation filed this year. There's a calculation that you use to figure out the amount of benefit that's code and the system for all workers across the state of Louisiana. First you have to figure out their average weekly wage that's the starting point for calculating benefits. And watch you figure out that ever -- wage then there wager placement benefit is two thirds. Of that effort to wage and can get out of that took that for up to ten years -- they are currently disabled or for life if they are permanently disabled. The real issue here and the reason for this bill is that. Throughout the last thirty years shall we have to various mechanisms to calculate their wage for just about every type of way. That a worker is paid in Louisiana. We do not have an accurate description on how to address situation. Of a professional athlete who. Is Julie -- and -- matter differently than tiger normal blue collar worker they don't get great. -- our force a number of hours each week. Or they don't get paid based on conditions like salesperson would and so since the law's been silent the courts have been forced trying to grapple with it. And and some mine -- street. Try to clear that issue and spell out how it all to be done and I'm trying to do in a way that's consistent with how we treat every other worker in the state -- -- Dee -- is saying philosophically. A professional football player or professional athlete. Falls under the same category as just people like Q -- metered. Sheldon and people would just go to work. Well certainly they're different skill -- -- except Europe but it's still a job they have an employer. Are they still put -- On state effort four and honesty thing. So yes with him in the from the standpoint of or that he an employee or worker like everyone else I think they -- We've got all different types of workers were -- doctoral warrior carpenter. Whatever indignities. We have different ways to earn a living and the environment that we work gym but candidate. We all still performing that task. And in return we expect some things. So if you're a salesperson and you work on commission and you get hurt during a down monthly gonna get paid less. That if you have got hurt during a tremendous month. -- for commission. Sales. And all workers and Louisiana due to look. At their earnings at the time of the injury and go back for a certain period of time. Looking retrospectively. Earnings and so -- -- construction worker. And during the full weeks partly your accident it rained the whole month and you didn't do a lot of construction work yes you get -- a small benefit. Then if you figured out your annual salary in divided about fifty actually on the slips out of that if you have a -- where there's no -- there was say. -- booming economy and you do a lot of work your order patiently much larger benefit and it's not that -- electable -- you. What your -- ever for wages can develop major annual income. Arctic to choose what works both play. And all of this is dependent on you're getting heard. On the job in the performance of your job duties. Market as it stands now in terms of pushed back representative would. What is the law every now and what is it that you we you'd YouTube would rather change it to. Well as a sense right now we do not have a specific provision in the law that. But I believe adequately addresses. The situation with professional athletes as a result we've had several court cases. Invoke the fifth Circuit Court deals and then one in the fourth Circuit Court of Appeals. What I'm seeking to do that is to. Provide some clarity in the law and essentially adopt what six of the seven courts have ruled. As the social web front. -- I would imagine the NFL players union is not like in his because they want the salary computed a different way. Correct and and understand and set because representative you -- name checked in the NFL and and you get paid differently in three seasons though. Or practice or training camp or what heavier lifting weights or whatever so it's the way the money is distributed according to the calendar that is the NFL's problem. I think that's a fair assessment difficult to get paid different amount spot throughout the year and so. Depending on the point in time that an individual is injured. There may be situation where they get. A little. Indignity rate than they would if they got hurt while while playing in Super Bowl for instance and so that's understandable a hoteliers that. Every employee in the state run that same -- there were times where it benefits the -- error in terms of the amount that is going to call them. And there are times -- benefits the employee and a worthy. Employer pays a much higher benefits than the other ones were that you looked at an entire year's worth of wages are so. I certainly understand their concern from that standpoint. What I'm trying to do is to make it consistent and fair with a -- -- all the workers and state. -- we represent about appreciate each time I really do thank you are you that representative Chris broad water -- comeback wing talk about that is wells so. And NFL player might get a hundred bucks a work out whatever comes out to 500 if they're lifting weights in the offseason but they get the majority their money. From game checks. So as they get hurt lifting weights should did the workman's comp that they get. Be based on what they were -- in the offseason. Are there holes salary I from what I've heard I think because of the pay structure in the NFL. It should be based on the whole salary but if you disagree I'd love to hear from me at 2601878. Toll free 866889087. Because it's not like. Arms sales for example where you can control how much you weight by work rather by values how much you make by how much cell and it's. I don't think it's like construction because it's not a function of the weather and and you know that go on and on everything that's done. In a work related come. Context in professional sports is to get you ready for the games. And even though the NFL decides to pay you per game. I think the workman's comp should be computed on the average of what your contract is not which you happen to be making at that time.

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