Can I sue Amazon for injury at work? As online retailers have become increasingly popular, workplace injuries have also increased particularly for companies like Amazon and Fed Ex. In fact, Amazon warehouses have recorded an estimated 49% of all injuries in the same industry in 2021. This article will dwell on the repercussions of a workplace injury sustained at Amazon or Fed Ex, and what you can do if you find yourself in this situation.
Sustaining a serious injury at work is always a hassle, as you may be forced to take a leave of absence that may either be paid or unpaid, depending on your employer’s policies. The best way to handle work injuries is to schedule a free consultation with a lawyer immediately to exercise your legal right in seeking compensation after a work-related injury.
The law firm of Jared Spingarn in Hallandale Beach, Florida offers a free consultation with a personal injury lawyer and/or workers compensation attorney. Their law firm can satisfactorily represent you in a legal battle to ensure that you receive the financial and medical benefits you deserve after an accident.
The Statistics: How many Amazon employees get injured on the job?
Amazon warehouses and fulfillment centers account for thousands of workers focused on churning out hundreds and thousands of packages daily. The company’s emphasis on productivity has resulted in millions of dollars of profit, but all of these have come at a cost. Worker safety has been sacrificed, as an Amazon warehouse or Amazon fulfillment center has become a notorious location where employees are bound to get hurt working the job.
The Strategic Organizing Center published a study in 2021 that outlined how Amazon workers get hurt working in an Amazon warehouse more often compared to other companies in the same industry. In 2021 alone, the company recorded 6.8 injuries per 100 Amazon fulfillment center and warehouse workers – a staggering number compared to the industry average of 3.3 per 100.
In the same year, more than 38,000 Amazon employees were injured on the job. A whopping 89% of those injured were forced to take time off from work or were no longer able to perform their regular job efficiently. Amazon’s mistreatment of its workers has caused an outcry among US legislators, with several states passing important bills to ease production quotas and promote a safe workplace. If you are an Amazon worker in Florida who has missed work due to work-related injuries, schedule an initial consultation and case review with Jared Spingarn, an experienced personal injury lawyer who can brief you on the legal measures you can take.
If you’ve suffered an injury while working at Amazon, whether from a single incident or long-term strain, you’re probably eligible for paid medical treatment and wage compensation, regardless of the cause. To find out what steps to take if you’re injured at work, click here to read more.
Can I file a personal injury lawsuit against Amazon or FedEx?
In Florida, the course of action that injured FedEx or Amazon workers can take is to file a work injury claim under the worker’s compensation law. Large companies such as Amazon and FedEx have workers’ compensation insurance that covers employees who are injured while on the clock. Injured workers who file a claim through workers’ compensation may no longer be eligible to file a personal injury lawsuit against the company they work for unless special circumstances are present.
These special circumstances include the negligence of the employer and/or an intentional act that caused injury or harm to the employee involved. For instance, if Amazon fails to provide Amazon warehouse employees with occupational safety training and gear that will help prevent accidents, that negligent act can become a ground for personal injury cases.
Another example would be if an intentional act such as assaulting an Amazon employee is done, a lawsuit can be filed. In this case, depending on who instigated the assault, the lawsuit may be filed against the company or the person involved.
Again, these are special circumstances that allow injured workers to file a personal injury claim on top of the workers’ compensation. However, in most cases, you will need to seek legal counsel from a knowledgeable attorney so you can better understand whether your case is eligible for a lawsuit. Contact the law firm of Jared Spingarn, Accident Attorney immediately for a free consultation and begin your attorney-client relationship with Jared today.
What is Workers Comp?
Florida Statute 440 outlines the workers’ compensation benefits, or workers comp, a type of financial compensation that injured workers are entitled to receive. The usual benefits included in workers’ compensation include lost wages while unable to work and all medical bills related to the accident.
Coverage of Workers Compensation
The Florida statute on workers’ compensation mandates all employers to pay financial compensation or benefits to an injured worker, provided that the employee was injured while performing his duties or obligations in the company. For instance, Amazon employees who suffer injuries while working in Amazon fulfillment centers should be entitled to receive benefits after the workplace accident, including lost wages and related medical expenses.
Under the same Florida law, it is established that the work-related injuries of these FedEx or Amazon workers must be verified through a medical consultation and confirmed by a medical professional. Furthermore, any resulting medical findings may be covered under the workers’ compensation benefits – as long as the primary contributing cause is the original workplace accident. In these cases, the employer is mandated to cover medical bills and any additional medical costs of treatment needed by the injured Amazon workers.
Exceptions to Worker’s Compensation
Although most Fed Ex or Amazon employees and warehouse workers who sustain a work injury are entitled to seek compensation under workers comp, there are also some exceptions to the law, as detailed below.
As previously stated, negligence on the part of Amazon or FedEx may lead to a potential lawsuit. But if the negligence was on the part of the employee, the work injury sustained may not be covered at all.
If Amazon or FedEx has given the required training as mandated by the Occupational Safety and Health Administration (OSHA), for instance, and the FedEx or Amazon employee knowingly neglected the safety rules in place, this act can be grounds for reducing the worker’s compensation. In these circumstances, the compensation will be reduced by 25%.
Intoxication or Drug Use
Another exception to workers comp is when the Amazon warehouse employees or office employees are found to be intoxicated at the time the work injury occurred. This intoxication includes the use of alcohol, drugs, or stimulants that were not medically prescribed. Injuries that stemmed from any act of the employee to injure or kill themselves or their co-workers are also not covered by workers comp.
After the work injury, the employer may order the employee to undergo a drug or alcohol test if there is reasonable suspicion to do so. If the employee returns a positive drug test and/or a high blood alcohol level, the prevailing assumption would be that the employee was injured due to their own intoxication, and thus, their work injuries are not eligible to receive compensation.
The only way that the employees can combat this assumption is if they can provide credible evidence that the intoxication did not contribute to the accident. Additionally, if the employer had previous knowledge that the employee may have been intoxicated, and still consented to the worker continuing his or her duties, then these provisions do not apply and the employee will then have a legal issue to put forward in his or her case.
Amazon’s workers’ compensation insurer may deny any claim outright if the worker was found to be engaging in criminal acts to receive medical benefits or lost income compensation after an injury. These acts may include intentional injuries, faking an injury, or other related methods to effectively solicit financial benefits.
Workers who sustained subsequent injuries may not be eligible to receive additional compensation with the exception that the original injury was the major contributing cause. In this case, an employee who was hurt on the job must provide objective medical evidence from his/her own doctor or other doctors recommended by Amazon or FedEx that any subsequent injuries were caused by the original workplace injury.
To discover the types of injuries frequently experienced by Amazon workers, check out our article titled “Common Injuries Among Amazon Workers” by clicking the link provided.
Preexisting Medical Conditions
In cases where the employee who was hurt on the job has a preexisting medical condition, the employer is legally obligated to pay compensation if the workplace injury is the major cause of the injury that needs treatment. If it is found, medically speaking, that the injury needing treatment was caused by a preexisting condition, and not by a workplace incident, then the employer is not obligated to provide workers’ compensation benefits.
How to File a Workers Compensation Claim Against Amazon or FedEx
Filing a claim under the workers’ compensation law is the best option if you are not eligible to file a personal injury lawsuit. Here is a quick guide you can use when filing a claim if you sustain a work-related injury while on the clock for either Amazon or FedEx.
1. Have your injuries treated and notify your employer.
The first thing you must do after a workplace injury is to get it treated. You must always seek treatment from a medical professional. Aside from ensuring that you are taken care of, your medical records will also substantiate your claim and provide evidence for it to be successful. After seeking medical treatment, you must notify your employer immediately so they can provide you with the required documentation that you must submit to the company’s workplace insurer.
2. Obtain all the details and evidence of your injury.
Before filling out all the documentation, ensure that you have the complete details of your injury. This includes the details of the incident itself, the medical care you received, and the resulting diagnosis by a medical professional. If your co-workers witnessed the incident, acquire their statements as well to further back up your claim.
3. Contact a workers’ compensation or a personal injury lawyer from the law offices of Jared Spingarn, P.A.
A personal injury lawyer can properly advise you on how to go about filing a claim, so be sure to hire the services of Jared Spingarn if you are in Hallandale Beach. Hiring Jared will help you obtain the legal representation that is essential to receive the compensation you deserve for your medical bills and lost income due to the injury.
4. Fill out the proper documentation required to file a claim.
The next step is to fill out the proper forms so your claim can be processed. You will need to provide your personal information such as your full name and birth date, as well as your social security number and the details of the injury you sustained on the job. You may also need to provide the medical findings and the contact information of the medical professional who treated your injuries. This information is necessary because the insurance adjuster of Amazon or FedEx will likely seek to reduce the amount of your claim based on the information you provided.
Note that when filing your claim in Florida, you only have two years from the date when the accident occurred. If you fail to submit your claim on time, you may not receive any compensation or benefits. Aside from providing you with sound legal advice, Jared can also assist in filing your claim to ensure that you don’t leave out any pertinent details.
Can I sue Amazon for injury at work? Companies like Amazon and FedEx have a legal responsibility to their employees to provide them with a safe working environment. If you are injured on the job, you may be able to file a workers’ compensation claim or a personal injury lawsuit against your employer. However, it is always best to seek the advice of an experienced lawyer – Jared Spingarn – so you can obtain the maximum compensation you deserve.
>> If you sustained personal injuries in an Amazon-related accident in Florida, don’t hesitate to reach out to Jared Spingarn, Accident Attorney at 1-954-781-2316 for a Free Case Review or drop a message on our Contact Us page. <<