Michael H. Kaplan, Colorado Workers' Compensation Attorney, Rallies Athlete Unions Against Proposed Legislative "Carve-Outs"
The Floridant/10336858

DENVER - Floridant -- Michael H. Kaplan, a leading Colorado workers' compensation attorney and distinguished 19-year veteran of the NFL Players Association Workers' Compensation panel, was recently invited to present at the NFLPA's annual State of the Union meetings in Scottsdale, Arizona. His presentation addressed a critical Colorado workers' compensation law issue that threatens to strip professional athletes of fundamental injured worker rights, including access to independent medical care, beginning January 1, 2028.

At the center of the debate is Colorado's landmark workers' compensation reform legislation, which allows injured workers to select their own treating physician, a major shift away from longstanding policies that gave insurance companies control over medical decisions. In response, owners of Colorado's professional sports franchises are lobbying for a workers' compensation carve-out, a proposed exception that would deny professional athletes the same medical autonomy and patient choice rights granted to other employees across the state.

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Kaplan has emerged as a central figure in defending employee rights in Colorado, successfully uniting a powerful coalition that includes the NFL Players Association, National Hockey League Players' Association, Professional Hockey Players' Association, and National Lacrosse League Players' Association, alongside key state legislators and labor advocates focused on workplace protections and fair treatment for injured workers.

"The irony of this stance is staggering," said Kaplan. "The average professional athlete is a 25-year-old young adult facing a 100% statistical certainty of injury during their career. There is no other profession in Colorado with such a high rate of physical risk. Whether it is a professional lacrosse player earning $16,000 a year or a high-earning NFL veteran, these injuries are often life-altering and career-ending. To deny this group the right to choose their own treating physician and access independent care is a direct threat to their long-term health, recovery, and livelihood."

Advocates emphasize that this issue extends beyond professional sports. It represents a broader challenge to Colorado labor law and sets a concerning precedent for workers' compensation protections statewide. Allowing carve-outs for specific industries could weaken the integrity of the Colorado Workers' Compensation Act, opening the door for other sectors to face similar limitations on their legal rights as injured employees.

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The coalition continues to call on lawmakers to preserve medical autonomy, uphold injured worker protections, and ensure that no employee, regardless of profession, is denied the right to manage their own recovery and healthcare decisions.

About Michael Kaplan

Michael H. Kaplan, Esq., of Kaplan Morrell, is a premier Denver workers' compensation attorney with more than two decades of experience representing Colorado injured workers. He is widely recognized for his leadership in workers' compensation law, labor rights advocacy, and his work protecting the legal and medical rights of professional athletes and employees across Colorado.

About the Coalition
The coalition represents thousands of professional athletes across multiple leagues, including the NFL, NHL, AHL, ECHL, and NLL. It is dedicated to advancing athlete injury protections, workplace safety, and medical rights for injured workers, while advocating for fair and consistent application of labor laws across all industries.