In October 2024, Alabama A&M linebacker Medrick Burnett Jr. suffered a traumatic brain injury during the Magic City Classic against Alabama State. Despite undergoing emergency surgery, Burnett tragically passed away a month later at just 20 years old. His story raises an important question: what protections exist for college athletes who suffer serious injuries—or worse—while representing their schools??
In Alabama, student-athletes are not considered employees and therefore do not qualify for workers’ compensation benefits. This article explores why that is, what protections do exist, and how the legal landscape may be shifting.
Understanding workers’ compensation in Alabama
Workers’ compensation is a type of insurance that provides benefits to employees who suffer job-related injuries or illnesses.
Here are a few key things to keep in mind about workers’ compensation in Alabama:
- Most employers are required to carry it: Alabama law generally requires businesses with five or more regular employees (full- or part-time) to maintain workers’ compensation coverage.
- It’s an exclusive remedy: In most cases, by accepting workers’ compensation benefits, you give up your right to sue your employer for a workplace injury.
- It’s a no-fault system: Workers can receive benefits regardless of who caused the injury—fault does not have to be proven.
However, there’s one key detail that matters more than anything else—especially for college athletes: to qualify for workers’ compensation in Alabama, you must be legally classified as an “employee” under the Alabama Workers’ Compensation Act.
Are college athletes considered employees?
The NCAA and most universities continue to insist that student-athletes are not employees, but rather students who voluntarily participate in extracurricular activities.
This may seem outdated—if not outright absurd—given the demands placed on student-athletes and the staggering revenue they help generate.
It’s not uncommon for college athletes to spend 30 to 50 hours a week on their sport, all while risking injury and driving enormous profits for their schools. A 2024 analysis valued Alabama’s football program alone at nearly $1 billion—placing it among the five most valuable college sports programs in the country.
Despite the money involved, universities claim that athletic participation is part of the broader educational experience—not a job. Courts have traditionally backed this view, but the legal ground may be starting to shift.
In 2021, the U.S. Supreme Court’s unanimous decision in NCAA v. Alston criticized the NCAA’s model of treating athletes as unpaid amateurs and opened the door to future antitrust challenges. That same year, the NCAA began allowing athletes to profit from their name, image, and likeness (NIL)—a major policy shift that allows players to sign sponsorships, appear in ads, and earn money from their public personas.
NIL income has further blurred the line between student-athlete and paid professional. Many athletes now earn substantial compensation, sometimes in the six or seven figures, raising questions about whether they should be treated as employees under the law.
In 2024, the National Labor Relations Board (NLRB) filed a complaint arguing that certain NCAA Division I athletes should be classified as employees under federal labor law. But in February 2025, Acting NLRB General Counsel William B. Cowen issued Memorandum GC 25-05, which rescinded that effort—along with several prior guidance documents, including the 2021 memo (GC 21-08) that had supported employee classification for college athletes under the National Labor Relations Act (NLRA).
Still, the conversation is far from over. The idea of student-athletes as employees is no longer a fringe notion—it’s gaining traction in legal circles, the media, and, perhaps most importantly, public opinion.
That said, under Alabama law today, student-athletes are not recognized as employees for workers’ compensation purposes. The Alabama Workers’ Compensation Act limits eligibility to traditional employees—generally those with a formal employment contract or a financial relationship defined by control and compensation.
The bottom line: In Alabama, college athletes remain outside the reach of state labor protections, including workers’ compensation. Whether that changes will likely depend on new legislation, continued legal challenges, or a broader federal reclassification of student-athletes.
Can injured student-athletes receive any benefits?
While student-athletes are excluded from workers’ compensation, they may receive other forms of support:
- University-provided medical care: Most colleges and universities cover medical treatment for injuries that occur during official practices or games. However, schools often require student-athletes to carry primary insurance—usually through a parent or individual health plan—with the school’s athletic insurance serving only as secondary coverage. That means the athlete’s personal insurance is billed first, and the school’s coverage only kicks in to cover remaining costs. Long-term or post-graduation care isn’t always guaranteed and can vary widely by school.
- NCAA catastrophic injury insurance: The NCAA offers a separate insurance policy for student-athletes who suffer extremely serious injuries, such as paralysis or brain trauma. This coverage only applies after $90,000 in medical bills have been paid and may still leave gaps in coverage depending on the situation.
- Medical redshirts: If an athlete is injured early enough in the season and can no longer compete, they may be eligible for a “medical redshirt,” which allows them to preserve a year of eligibility and return to play once healthy. This can help protect their long-term athletic and scholarship opportunities.
Consider the following hypothetical:
A University of Alabama football player suffers a devastating knee injury during a high-stakes game—so severe that doctors tell him he’ll never play competitively again. The university steps in to cover his immediate medical costs through its athletic insurance plan, but only after his personal insurance has been billed first. He’s eligible for a medical redshirt, which allows him to stay on the team while he recovers, but his football career is effectively over.
The athlete now faces years of physical therapy, possible surgeries, and lingering pain that interferes with daily life. Because the injury occurred during an NCAA-sanctioned event, he may qualify for catastrophic injury insurance—but only after $90,000 in medical expenses have already been paid. Even then, the NCAA policy may not cover all his ongoing care, lost earning potential, or necessary support after college.
And because he’s not legally considered an employee of the university, he’s not eligible for workers’ compensation. That means he has no access to wage replacement, disability benefits, or long-term medical coverage through the workers’ comp system—benefits that would have been available to him if he’d sustained the same injury on the job in almost any other context.
The future of workers’ compensation for student-athletes
The landscape is evolving. The introduction of Name, Image, and Likeness (NIL) rights has begun to blur the lines between amateurism and employment. In Alabama, any change would require legislative action or a significant shift in judicial interpretation. Until then, student-athletes remain in a gray area, lacking the comprehensive protections afforded to traditional employees.
That doesn’t mean injured athletes are entirely without options. Depending on the circumstances, they may be entitled to other forms of support, such as insurance benefits or third-party liability claims. If you or someone you know has been seriously injured while playing college sports, consider speaking with an experienced attorney. At Nomberg Law Firm, we offer free initial consultations.
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