Wrestling with Employment Status: Workers' Compensation Benefits for Professional Wrestlers

Abstract

Severe injuries are all-too-common in the world of professional wrestling. Professional wrestlers must have serious athletic ability to perform these maneuvers and, sometimes, even the best wrestlers have accidents. The extremely physical nature of the sport creates a very high risk for injury in almost every match. Professional wrestlers also act during live broadcasts to engage the audience and move the story forward, much like in live theater. While some wrestling companies have policies of paying out-of-pocket for in-ring injuries, they are not currently required to do so. Because the sport is so dangerous and because of the duties required and the amount of control exercised by wrestling companies, professional wrestlers should be considered employees for the purpose of receiving workers’ compensation benefits. In the alternative, should they continue to be considered independent contractors, professional wrestlers should have the opportunity to join a union, such as the Screen Actor’s Guild or the American Federation of Television and Radio Artists, without first having to appear in a film or other television show.