- January 2, 2023
- Work Injury
As online shopping has become more common, businesses like Amazon have seen an increase in work-related accidents. According to Amazon warehouses, nearly half of all workplace injuries (49%) occur in the same sector.
It doesn’t matter what corporation you work for or where you do your job; you should feel comfortable and safe, no matter the circumstance.
Some of the most significant complaints about working for Amazon involved employees not feeling physically safe or being compelled to work excessive hours or in hazardous conditions.
This includes employees voicing concerns about working in sub-zero weather, putting in 60-hour workweeks around the holidays, and more. This is why it’s essential to know what to do if you get injured on the job.
If you get injured while working at Amazon, you may require time off from work, which could be a financial hardship, depending on your company’s policy.
If you get injured while working, the best thing to do is to immediately take advantage of your right to seek compensation by scheduling a free consultation with a lawyer.
There is no charge for a personal injury attorney consultation or a workers’ compensation lawyer at Kaplan Lawyers in New York. In the event of an accident injury, you can trust that our office will fight for you to get the compensation and medical care you need.
Could I file a lawsuit against Amazon for damages if I got hurt at work?
Amazon employees who sustain injuries should seek compensation through a worker’s compensation claim, regardless of the extent of the injury.
If a person is hurt on the job at a large corporation like Amazon, they will be covered by workers’ compensation insurance. When an employee has been injured on the job, they may be barred from suing their employer in a personal injury action if they have already filed a claim for workers’ compensation benefits.
Rare cases may arise when an employer’s negligence or willful misconduct directly results in an employee’s injury or other harm. For instance, a plaintiff could sue Amazon for negligence if the company failed to provide its warehouse workers with adequate occupational safety training and protective equipment.
A lawsuit can be filed in the event of an intentional act, such as an attack on an Amazon employee. A case could be launched against either the business or the individual, depending on who initiated the assault.
Again, these are exceptional cases in which a worker who has suffered an injury can file a personal injury claim in addition to a workers’ compensation claim. To determine whether your situation qualifies for a lawsuit, however, you must consult an experienced attorney.
What to Do if Injured While Working at Amazon?
A claim under workers’ compensation law may be the next best choice if a personal injury lawsuit is out of the question.
If a worker is harmed on the job, they are eligible for workers’ compensation, a form of financial payment that typically covers medical expenses and lost pay when an employee cannot work due to an injury.
If you were hurt on the job while working for Amazon, here is a simple guide on filing a claim.
Get Medical Attention and Inform Your Employer
If you have an injury at work, getting checked out by a doctor should be the first port of call.
Once you have been to see a medical professional, you will have a complete set of medical records that guarantees that your needs are met and will also serve as proof in support of your claim.
However, there is a time limit in which you must inform your employer that you have sought medical attention so that they can give you the paperwork you need to submit to the company’s workplace insurer.
Document Your Injury in Detail
Ensure you have all the details you need concerning your injury before filling out the paperwork. Include specifics about the incident, and any treatment you received, including the doctor’s final prognosis. Get statements from coworkers who also saw what happened to support your case.
Get in Touch with Kaplan Lawyers Workers’ Compensation and Personal Injury Attorneys.
If you’ve been injured and are looking for guidance on filing a claim, go no further than our professional experts at Kaplan Lawyers. With the experience and expertise of our lawyers, we can help you get the legal representation you need!
Complete the Necessary Forms to Submit a Claim
The next step is to complete the required paperwork to approve your claim. When claiming worker’s compensation benefits, you must give specific information about the accident, including your full name(s), date of birth, social security number, and the specifics of your injury.
In addition, you should have the doctor’s or hospital’s contact information on hand and any relevant medical records. The insurance adjuster for Amazon will use the details you offer to lower the cost of your claim, so they need to know as much as possible about the incident.
You only have one year and 90 days from the accident date to file a claim in New York. Any benefits or compensation you are entitled to may be forfeited if your claim is submitted late. In addition to providing you with solid legal counsel, Kaplan Lawyers can also help you file your claim so that you remember everything.
Difficulties in Obtaining Workers’ Compensation Benefits
As we have discussed, workers who sustain injuries while performing their jobs are entitled to workers’ compensation benefits. They need financial support to cover their medical expenses and time away from work.
Workers’ compensation covers both sudden-accident injuries and those sustained from repeated activities on the job. However, employers and insurers can make the compensation procedure difficult and time-consuming.
A claim could be denied entirely, or the damage from the injuries downplayed. An experienced workers’ compensation attorney could be invaluable if you were wounded while working for Amazon and are now trying to secure the benefits to which you are entitled.
Workers’ Compensation Exceptions
Some exceptions to the general rule are described below, but Amazon employees and warehouse workers who experience a job injury can seek compensation under worker’s compensation.
As mentioned, a lawsuit might be filed if Amazon was negligent. But if the worker was also negligent, the worker’s carelessness could rule out any compensation for the damage.
Workers’ compensation payments may be reduced if, for example, the injured worker was trained under Occupational Safety and Health Administration (OSHA) regulations but ignored the company’s safety policies.
Substance Abuse at Work
Workers’ compensation also does not apply if an Amazon worker was under the influence of alcohol or drugs at the time of the accident. For example, non-prescribed medicines, alcohol, and stimulants all count as causes of intoxication. Workers’ compensation also does not cover injuries sustained by an employee due to the employee’s intentional attempt to hurt or kill himself or another employee.
Following a work-related injury, if the employer has grounds to suspect drug or alcohol use, they may mandate testing. The general rule is that workers are not entitled to workers’ compensation for injuries sustained on the job if the employee returns a positive drug test or high blood-alcohol level.
They can only challenge this presumption if they have solid proof that employee intoxication was not a factor in the incident. Also, these laws do not apply if the employer has preliminary information that the employee may have been intoxicated and consented to the worker’s completing their duties. At this point, the employee will have a legal issue to bring forward in their case.
Acts of Crime
If an injured Amazon employee is proven to have committed illegal conduct (for example, intentional harm, injury fraud, etc.) to collect workers’ compensation benefits, the claim may be denied in its entirety.
Contact Kaplan Lawyers Today
Buyers and sellers may be limited to arbitration as a resolution mechanism, but workers have additional choices. A company like Amazon has a legal obligation to ensure its employees’ safety.
Amazon cannot use its user agreement or terms of service as an excuse for the way it treats its employees in violation of federal law. There is much clarity in the rules protecting workers, so an employer who mistreats its employees may be sued by those workers who can establish they were abused.
As an employee, it is within your legal rights to file a lawsuit against Amazon if you were hurt on the job. Due to the lack of protection for labor laws in Amazon’s terms of service, the corporation cannot avoid liability for failing to treat you fairly or for not treating you fairly.
Of course, you’ll need evidence of the problem and the damages you suffered before filing a lawsuit, but that’s not unique to Amazon. This is required in any personal injury claim arising from employment.
At Kaplan Lawyers we have extensive experience in cases related to Amazon, and our clients and results are the best example of our excellent work. If you want the appropriate advice and the best possible outcome for your case, contact Kaplan Lawyers at (516) 399-2364.
Attorney Jared S. Kaplan
Attorney Jared S. Kaplan has focused his career on advancing his legal knowledge though the day to day practice of law. Jared is a partner in the law firm of Kaplan Lawyers PC in Syosset, New York and has been a practicing attorney for nearly 20 years. His career started in litigation, so Jared is aware of the pitfalls in litigation and uses that knowledge in the representation of his clients in complex matters. [ Attorney Bio ]