Ex-MLB Player Sues His Old Team For Career Ending Injury

Former San Francisco Giant’s baseball player, Mac Williamson, has sued his old team for a catastrophic head injury he suffered in 2018. On April 24, 2018, Williamson tripped over the bullpen mound placed in the outfield at San Francisco’s AT&T Park causing him to hit his head against the wall in left field foul territory. Williamson filed suit against China Basin Ballpark Company (“CBBC”) the subsidiary that owns and operates AT&T Park.

According to the lawsuit, Williamson suffered a severe concussion, which allegedly ended his career playing major league baseball. The lawsuit claims the following:

“It has long been known that bullpen mounds on the field of play create an unreasonable risk of harm… Prior to building the Park, CBBC knew, or at a minimum should have known, that placing bullpens on the field of play was a safety hazard for players.”

Typically when filing a premises liability lawsuit and eventually proving the claim in court, the Plaintiff must show that there was a defect on the premises and that the owner knew about the defect and chose not correct it or failed to provide any warnings. In this case notice is not the issue as the Giants placed the bullpen mounds in the outfield foul territory when the stadium opened in 2000 and kept them there until 2019. The question is whether having the mounds out there would be considered a defect. Although not very common anymore, there have always been bullpen mounds in foul territory at major league baseball stadiums. The players obviously know about them, but the question is whether they could still be considered a defect. This is most commonly a question of fact for the jury to decide. So, at the very least, Williamson should be able to avoid any motions to dismiss and summary judgment motions by the defense as long as they have an expert opinion concluding that leaving the mounds on the field are a defect on the premises.

Regardless, the defense will definitely file what are called affirmative defenses, which can reduce their amount of fault. Those affirmative defenses could include comparative fault (Williamson was at fault for tripping over the mound) or also the “plain view” defense as the mounds were in the Plaintiff’s view prior to tripping and he should have avoided it. I think the affirmative defenses will be hard for the defense to prove in this case because because the Williamson’s attorney’s will argue that he was doing everything in his power to help his team win by attempting to catch the baseball and record and out, and while doing so, it was impossible to avoid the mound that he tripped over.

This is a unique case that I haven’t seen before. The damages here could be significant if they can prove that Williamson lost out on multiple years of salary as a major league baseball player. This could total into the millions of dollars. Williamson will also be asking for pain and suffering and loss of a normal life. This is also significant as he is not longer able to partake in his life’s passion – – playing baseball. Plus, his comments indicate that his day to day struggle with his brain injury has been significant.

One final issue to remember is that depending on California workers’ compensation law, Williamson could be owed money from the team for his work injury. Workers’ compensation does not require proof of wrongdoing by the employer. The employee merely has to prove that his accident happened on the job and was caused by his employment. Though the damages awarded are not as high as they would be in civil court, he could be owed payment of his medical bills, lost time from work and a lump sum permanency award for his head injury. There is also the possibility that he could be awarded a wage differential at trial (or via settlement), which is typically 2/3 of the difference of what he was earning in major league baseball less what he can earn in the open market. Again, this could be significant since most jobs do not pay anywhere near what professional baseball players earn. Williamson may have already filed a work comp claim, although it is unclear in any of the media I have read about this case.

If you or a loved one have been injured in a Chicago slip and fall case or suffered an Illinois work injury or have an Illinois Workers’ Compensation claim, then call Chicago accident attorney, Aaron J. Bryant, for a free legal consultation at 312-614-1076.

Tips On What To Do If You Are Injured At Work

Being injured at work is a common occurrence and can often be frightening. Several questions can pop up all at once. First and foremost, what is wrong with me and how severe are my injuries? Who is going to pay may medical bills and what if I cannot return to work for a period of time? What if I don’t like the way the company doctor is treating me?

All of these questions are very important, which is why you should always consult with an Illinois workers compensation attorney who can and will protect your rights. Under the Illinois Workers Compensation Act, if an employee is injured on the job, then employer must pay all of the related medical bills and 2/3 of the employees average weekly wage for any time off of work due to the injury. Assuming the injured employee returns to work, then he or she will be owed a permanency award at the end of the case. This is a very basic outline of the benefits involved with workers compensation.

There are multiple things to remember if you suffer from a work injury. Below are list of things that you should and should not do if you are injured at work.

1. Do  report the injury to your supervisor/employer immediately and preferably in writing.

2. Do seek medical treatment as soon as possible.

3. Do give a detailed accident history to your treating physician describing how the work injury occurred.

4. Do have your doctor put any work restrictions in writing and forward to your employer.

5. Do keep your employer updated on your medical treatment and let him or her know if you have been released from treatment or sent back to work.

6. Do not disobey your doctor’s orders concerning treatment, restrictions or return to work.

7. Do not miss any doctor’s appointment or therapy sessions.

If you or someone you love has been involved in an Illinois work accident or has an Illinois workers compensation case, please have them call Chicago work comp attorney, Aaron J. Bryant, at 312-614-1076. I provide free legal consultations and can answer any questions.

 

New Study Shows Older Workers Have Lower Work Comp Costs

The National Consortium for Compensation Insurance (NCCI) published a new study, which revealed that indemnity costs for injured workers aged 65 and older are generally lower than younger employees because they are generally paid less, according to a new study.

That  finding came in a detailed new report on older workers’ injury claims by the National Council on Compensation Insurance, which noted that the number of workers 65 and older has increased by nearly 50 percent since the late 1980s and is likely “to increase in light of recent financial and economic disruptions.” 

Its latest report examined not only how workers aged 65 and older differed  from all workers in terms of their share of indemnity claims, but also for medical payments, frequency and cost per claim. It also looked at implications for workers’ comp claims management and loss costs.

In addition to the findings on lost wage indemnity payments, key conclusions in the report were:

Falls, slips and trips are by far the greatest cause of injury among older workers.

Medical severity is higher for older workers, although the differential between workers aged 65 and older and nearby age cohorts is small.

Shares of indemnity and medical payments of older workers have a close relationship to their share of claims.

Frequency is less for older workers, especially in the more hazardous manufacturing and construction-related industries and occupations. In contrast, claim frequency is higher for older workers in the leisure and hospitality industry and food preparation and service occupations (as well as in sales and related occupations).

To read the entire article from Property Casualty News, click here.

If you or someone you know has an Illinois workers compensation claim or has been involved in Chicago car accident or Chicago truck accident, then call attorney Aaron Bryant for a free consultation at 312-588-3384.

IL Supreme Court Rules In Favor Of Injured Worker Fired For Cause

Imagine this scenario: you have been hurt on the job and your employer accepts the work accident and you relieve workers compensation benefits. At some point you do something that your employer deems as a fire-able offense, yet is unrelated to the workers compensation case. What do you do now?  What if you are still not healthy enough to return to the work force?  Based on the recent Illinois Supreme Court ruling in Interstate Scaffolding v. Illinois Workers Compensation Commission. (1-22-2010, Docket # 107852), injured employees are still due their workers compensation benefits such as temporary total disability (TTD otherwise known as off-work payments) and medical treatment. The following is the Court’s holding:

when an employee who is entitled to receive workers’compensation benefits as a result of a work-related injury is later terminated for conduct unrelated to the injury, the employer’s obligation to pay TTD workers’ compensation benefits continues until the employee’s medical condition has stabilized and he has reached maximum medical improvement.”

This is a giant victory for injured workers in Illinois. This ruling provides protection to employees and stands by the principal that benefits are related to the principal question of whether the worker is unable to work due to the work related injury.

Click here, to read the entire Supreme Court decision.

If you or someone you know has an Illinois workers compensation claim or hurt on the job, then call attorney Aaron Bryant at 312-588-3384 for a free consultation and let him help you collect the benefits and money you deserve.