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Author: Scarinci Hollenbeck, LLC
Date: November 27, 2013
The Firm
201-896-4100 info@sh-law.comFootball is a violent sport that leads to many serious injuries, such as torn ACLs and broken collarbones. But, the most serious of all might be concussions, as these can have lasting effects and seriously impact the lives of players after leaving the league. Some suffer from depression, dementia and Alzheimer’s disease as a result of their injuries.
The big question surrounding concussions has always been, who is responsible? On one hand, players are aware of the danger they are putting themselves in by playing football. But, on the other hand, the NFL has a duty to protect its players, and there have been questions about whether or not that has been the case with medical short falls and non-guaranteed contracts.
A group of retired players recently proved that they are entitled to financial assistance from the NFL to help treat concussion-related brain injuries. The league and 18,000 players reached a $765 million settlement in September to compensate victims, pay for medical exams and underwrite research. This type of settlement is rare because it side steps the collective bargaining agreement, which governs players in the NFL.
The current collective bargaining agreement – agreed to in 2011 – created new rules, such as outlawing helmet-to-helmet hits to address the concussion issue. As a result, it may become more difficult for active players to sue for concussion-related injuries in the future. However, the agreement in place expires in 2020, so there should be some heated discussions regarded head injuries when the NFL Player’s Association and owners head to the negotiating table in the future.
Concussions will likely continue to be an issue in football for the foreseeable future as it is revealed that more and more players are suffering from severe brain injuries. It will be interesting to see if any type of sports law is implemented to address concussions in the future.
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