美國職業運動傷害保障制度之研究－－以運動員失能保險相關議題為核心

A Study on the Injury Coverage of Professional Sports in the United States - Focusing on the Related Issues in the Athlete Disability Insurance

體育運動的普及首度，與一個國家人民之健康與國力之發展有關，故當今現代國家不對體育運動加以推展。我國自一九九○年來即有職業運動之創立，於二○一一年時更通過「運動產業發展條例」以作為我國體育發展之基本法源。然而，運動競賽具有對抗性，參與的運動員更需面臨運動傷害導致結束運動生涯之風險，此時不僅是運動員個人，其所屬之運動組織更有可能遭遇到莫大之損失，故須有相關之風險移轉之機制以保障。本文分析職業運動組織與運動員面臨運動傷害之風險，包含運動傷害之來源、現行補償制度之不足及現行法規下求償之困難；介紹運動產最為蓬勃發展之美國對於職業運動員受傷之預防與移轉機制，包含了社會保險、商業保險及球團之各項作法；並且分析職業運動員失能保險之重要內容與爭議等。希冀藉由本文之介紹，作為我國相關機構建立職業運動風險管理制度與保險時之參考。

The pervasion of sports represents the health of the public and national power of a country, which cause the modern countries to expand the sports . Since 1990, there has been a professional league founded. Furthermore, the congress passed the legislation, Sports Industry Development Regulation as the legal source of developing the sports in Taiwan. Sports are confrontational and the participator faces the risks of injury which may lead to career-end. While the individual athlete faces the losses, the sports organization may suffer the extreme losses as well. As a result, there should be some system of shifting the risk to provide the participators with coverage. This paper analyzes the risks of sports injury faced by professional sports organization and athlete, including the sources of sports injury, the defects of the existing compensation system and the difficulties of claim in the present regulations. In addtion, it also introduces the system of preventing and shifting the risks of sports injury in the United States,where the development of sports industry is the most blooming in the world, including the social insurance, commercial insurance and the conducts taken by the professional clubs. Finally, it analyzes the important comonents and issues is sports insurance. The author hopes that when the authorities plan to structure the system of the risk management and insurance of professional sports in the future, the contents of this paper could be adopted as one of the refernce resources.