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Amazon Has A Workplace Injury Epidemic
Amazon is a major employer in California. At warehouses throughout the state, workers rush to meet hourly quotas, and this pace has been proven to lead to injuries. According to California law, workers who are injured while on the job have the legal right to pursue compensation for their losses.
Your employer may not inform you of all your legal rights, as their priorities may differ from yours. If you are injured at work, consulting with a work injury lawyer can help you understand your rights and explore your legal options. Reports have highlighted a high rate of workplace injuries at Amazon, underscoring the importance for workers to be aware of how they can protect their rights.
Doing so not only helps you seek compensation for your medical bills, but it also holds Amazon accountable for unsafe working conditions and contributes to making the workplace safer for future workers. Learn more about the workplace injury epidemic at Amazon, workers’ legal rights, and what you can do if you suffer an injury while on the job.
The Troubling Numbers At Amazon
Amazon’s quota has been known to be problematic for some time. In fact, a recent California labor law was enacted specifically to target Amazon’s quota problems. (The new law prohibits employers from creating quotas that interfere with an employee’s legal right to take breaks.) Missed bathroom breaks are just one of the problems that occur when quota requirements are set too high.
According to The Atlantic, a study of three Amazon fulfillment centers across the U.S. found that they had an injury rate more than double the national average for the warehousing industry. They spoke with one injured worker whose fulfillment center had four times the national average in injury reports in a year. Currently, the woman is in a miserable state of constant pain and trying to find any type of work she can perform with these injuries (which are unlikely to ever get better).
CBS News also reports that Amazon workers have the highest warehouse injury rate in the industry. In fact, the BBC reports that its average injury rate is a whopping 80 percent higher than its competitors. As we have seen, this rate is even higher at certain Amazon fulfillment centers with especially high volume.
CNBC found that worker injuries were highest during peak times, such as the holiday season and Prime Day. Employees were required to scan 400 items per hour instead of the 100 per hour quota at other facilities. These brutal quotas have very real consequences. The injury rates are not just numbers on a spreadsheet. They represent very real – and often permanent – losses to workers and their families.
Amazon Protects Its Own Interests, Not Employees’ Legal Rights
Any workers’ compensation claim represents a conflict of interest between an employee and an employer. Employees file these claims against the employer’s insurance policy because the employer is required to cover the costs associated with on-the-job injuries. However, because employers and their insurers are focused on managing costs, they may not often prioritize protecting workers’ legal rights.
Employers are generally focused on protecting their own legal and financial interests, so it is important for employees to be aware of and prepared to protect their own legal rights. While many employers strive to maintain safe workplaces, some companies have faced scrutiny over workplace safety practices. For example, reports have highlighted concerns about workplace injury rates at Amazon.
The high injury rate at fulfillment centers has been documented for years. Unfortunately, many employees have not been made aware of this fact and have suffered preventable injuries as a result. A CNBC report even found that Amazon may have downplayed its own injury statistics, allowing it to satisfy OSHA and other government regulators, maintain good publicity for the company, and continue showing cheery ads about the enjoyable times experienced while working at Amazon.
These issues have led to significant challenges for many injured workers. It is important for injury victims to be aware of their legal rights and consider seeking independent legal counsel. A workplace accident lawyer can help injured workers understand their options and, if necessary, communicate or negotiate with the company’s legal representatives.
Injured Workers Have Legal Rights
So what are an injured worker’s legal rights? There are different types of legal claims that provide compensation for many different losses caused by a work-related injury. What follows are three of the common types of legal claims in work injury cases.
Workers’ Compensation Claims
The law requires employers to pay for the financial losses associated with a work-related illness or injury. To maintain the availability of their funds, the law also requires employers to carry workers’ compensation coverage or provide proof of financial responsibility in other ways. Large companies like Amazon carry large workers’ compensation policies with high amounts of coverage.
Unfortunately, their insurance carriers carefully review and sometimes dispute or deny workers’ compensation claims. A personal injury attorney can help address these challenges and help them pursue the available compensation under workers’ compensation law.
Workers’ compensation must cover all medical bills that are related to the injury and a set portion of lost wages. However, there are some losses that are not covered by workers’ compensation, such as pain and suffering or full wage replacement. For this reason, you can consider consulting with a lawyer for work injuries to determine if you have any additional legal claims beyond workers’ compensation.
Personal Injury Claims
A personal injury claim is filed against an individual or business whose negligence caused your injuries, which is different from a workers’ compensation claim, which is no-fault. (That means your employer must pay for your medical bills regardless of who caused the injury.) In a personal injury claim, your lawyer must establish that the defendant’s negligence was the cause of your injuries, making it more difficult to verify your claim.
A personal injury claim also allows injured workers to pursue additional compensation, which may include their medical bills, their past and future medical expenses, and all the pain and suffering associated with their injuries, depending on the specifics of the case. In many cases, an injured worker must choose between filing a workers’ compensation claim and a personal injury claim against their employer.
Personal injury claims usually take longer to resolve, but they may allow you to pursue compensation for a broader range of damages. If you are considering filing a claim, consult with a workplace injury attorney to help you understand your legal options. In some situations, you may also have a personal injury claim against a third party, in which you could pursue workers’ compensation benefits as well as a separate claim against the responsible party.
Products Liability Claims
Third-party claims can be rare in workplace injury cases. Usually, they are the result of defective machinery or safety equipment. For example, if a ladder collapsed despite being properly set up, the collapse could result in a claim against the manufacturer. Heavy machinery – like balers – can also cause serious injuries when the machine malfunctions.
In these scenarios, the injured worker might have a product liability claim against the manufacturer of the defective equipment. Strict products liability is a legal rule that holds manufacturers accountable for any injuries caused by defects in their products. The manufacturer does not have to be negligent. As long as the product is being used as intended, an injured user has a claim against the manufacturer.
What Amazon Workers Should Do After A Job-Related Injury
Employers and employees may have different priorities after a workplace accident, so it is important for workers to be proactive about understanding and protecting their legal rights. Taking certain steps after an accident can help address your interests and properly document your claim.
1.) Get Immediate Medical Attention
It is important to see a doctor promptly after any type of workplace accident. Even if you are not in pain right away, you could still have serious internal injuries. You could also have latent injuries that do not show up for hours – or even days. Only a qualified medical professional can determine what injuries you have and how they should be treated.
The sooner treatment is started, the better your prognosis is likely to be. Many injury victims are worried about the cost of their medical bills. Injured workers may file a compensation claim for any medical bills that are related to a work accident, regardless of who was at fault for causing the injury. Your regular health insurance carrier (including Medicare or Medicaid) is also required to cover medical bills under your contract.
If you are worried about paying for medical care, speak with your personal injury lawyer about your options, but do not delay getting the treatment. Delays can make it more difficult to heal from your injuries. Delays in treatment can also complicate your case, make it more difficult to heal from your injuries, and may impact your compensation claim.
2.) Consult With An Injury Attorney
Seeking legal advice from your attorney can help you navigate the claims process more efficiently. A work injury lawyer will also advocate for your rights and represent your interests before the at-fault party, their insurers, and, if necessary, the jury. You are not required to rely solely on advice from your employer or HR department regarding your workers’ compensation claim.
An attorney can provide legal guidance to help you make informed decisions about your case. They can also handle all communications about your claim with the insurance companies, the employer’s legal team, and even the HR department if necessary. This support can help you handle your claim more efficiently and allows your interests to be represented throughout the process.
3.) Follow Through With All Recommended Medical Treatments
Your doctors will make many different recommendations for treating your injuries. It is important that you follow this advice. Be sure to see any chiropractors, physical therapists, or other treatment providers to whom you are referred. Following their recommendations can help track and document your injuries and treatment, which can support your claim for compensation.
Suppose you do not complete your recommended treatment. In that case, the insurance company can try to argue that you made your own injuries worse, which could be used to justify limiting the compensation you can pursue. Completing your recommended treatment can help support both your recovery and your legal claim.
4.) Document All The Ways That Your Injuries Have Affected Your Life
There are many ways that a personal injury affects your life. Providing detailed evidence of these losses can help you build a well-documented case and support your claim for appropriate compensation. For example, victims suffer physical pain from their injuries. If you can describe this pain in detail to a jury, they will understand your pain better. Did you lose sleep or miss work?
Have you experienced misunderstandings with your loved ones because you were sleep-deprived and in pain? Has the discomfort prevented you from engaging in your usual hobbies or workout routine? Did you miss major life events, like a graduation or a wedding? These are the details that support your claim for pain and suffering. By keeping a journal, taking photographs, and documenting the effects of your injuries in other ways, you can help your attorney present the full extent of your pain and suffering.
Experienced California Injury Lawyers For All Work Injuries
Our workplace injury attorneys at Arash Law are dedicated to advocating for the rights and representing the interests of injured workers. If your workplace accident involves a car crash, our car accident lawyers can help evaluate your case and determine possible avenues for pursuing compensation. Our legal team serves clients across California, including Los Angeles, San Francisco, Riverside, Bakersfield, Santa Barbara, San Jose, San Diego, Fresno, Sacramento, Sherman Oaks, and other areas throughout the state.
Our legal team assists workers across California in understanding and protecting their rights after workplace injuries. Call (888) 488-1391 or complete our “Do I Have A Case?” form here to schedule your free initial consultation. By asserting your legal right to compensation, you may help hold employers accountable for hazardous working conditions and encourage safe practices in California workplaces.
