Los Angeles Amazon Workplace Injury Attorney
California is a major market for Amazon and is home to almost a quarter of its total fulfillment centers. Despite their significant boost to California’s economy and job market, providing warehouses and services of goods across the state, Amazon has continued to allow an alarming number of workplace accidents to continue year over year, with the greatest number of injuries occurring in the Golden State.
Los Angeles workers have a right to a safe working environment, and every employer should work harder to ensure that employee safety remains the highest priority. If you’ve experienced a workplace injury while working at one of Amazon’s many southern California fulfillment centers, it is important that you know your rights and seek the help of a qualified and skilled accident attorney to represent you throughout the claims process and ensure you receive a fair and whole settlement for your claim.
Amazon Workplace Injury Attorney in Los Angeles, CA
The lawyers at Pratt Law Corporation have long been managing workplace accident claims in and around Los Angeles, fighting to secure the maximum legal benefits for our clients through all kinds of injury cases. Our experience successfully representing Amazon workers has helped us hone in on proven strategies for achieving the most favorable outcomes in claim settlements. We leverage our extensive knowledge of workers’ compensation law in each and every unique case, helping our clients receive fair, just, and comprehensive compensation.
By partnering with our qualified and skilled accident lawyers, we can help you understand what to expect in the claims process and ensure your rights are protected. Individuals need strong representation when facing large corporations, such as Amazon.
What Are California Workers’ Compensation Laws?
California protects its workers and employees in the event of a workplace accident by entitling them to workers’ compensation benefits. All employers in the state, including Amazon, are required to obtain and maintain workers’ compensation insurance in order to cover any losses experienced by an employee who experiences damages or loss while at a workplace or while performing work-related duties.
This insurance allows an employee to seek recovery for damages without having to pursue litigation against their employer. This frees the employee from the burden of proving negligence, negotiating, or otherwise having to take their case to court.
Can I Sue Amazon for a Workplace Injury?
While workers’ compensation laws in California protect employees from having to litigate to recover damages, they also protect California employers from liability in the event of an accident or employee workplace injury. This means that you cannot sue them for an injury sustained at Amazon. Instead, California will require you to pursue a workers’ compensation claim as the exclusive legal resolution.
In most cases, employers are helpful and prompt in helping process employee claims. Los Angeles employers often act in good faith in assisting with workers’ compensation procedures. However, workers can and do encounter obstacles when filing for a claim, particularly if either the employer or their insurance company chooses not to take responsibility for the incident. In these cases, Amazon may allege, for example, that they are not responsible for an injury because it did not occur on their property or resulted outside of work-related activities.
If this happens, a skilled and qualified attorney will know how to fight to uphold your rights and provide proper documentation proving the details of the circumstance.
What Happens if You Get Injured in Amazon?
Workplace injuries are preventable, though not completely avoidable, occurrences. A workplace injury, whether the result of a one-time accident or of repetitive strain or exposure over time, is an unfortunate incident. If it happens to you, however, there are several helpful and necessary steps you can take to address your injury, mitigate your losses, and obtain recovery for your damages.
If you’ve suffered a workplace injury, it is important you complete the following steps:
- Seek immediate medical attention. Workplace injuries can be severe. The most important step you can take for your own personal health and well-being is to immediately seek medical attention for your injury, no matter how seemingly minor. There may be a medical professional on-site, or you may require emergency services. Getting the medical treatment you need is the first and most important step.
- Inform your supervisor and report the injury. As soon as you are able, it is necessary to inform your employer of both the accident and the injury. In most cases, this happens immediately on-site with the supervising manager. In some cases, they are the ones who call in the medical professionals. Informing management of the incident will create an official paper trail required for properly documenting your claim later on.
- File a workers’ compensation claim. Filing an official claim is the last step in initiating the recovery process. With documentation of both the medical records demonstrating the injury and the incident report citing the accident, you will be able to begin a claim for compensation.
- Secure a skilled and experienced workplace accident attorney. Partnering with a qualified workers’ compensation lawyer will provide you with strong legal counsel, representation, and an advocate with comprehensive knowledge of both law and procedure as it relates to filing claims. The team at Pratt Law Corporation is ready to review your case and guide you through the process.
For injuries unrelated to a specific accident that have instead been building over time, it is just as important that you follow the same steps as above and have your condition examined as soon as you become aware that there might be an issue. Likewise, you should inform your employer of the condition once you learn about it and follow that up with filing a claim. An attorney can help provide medical witnesses who can testify to your condition and its relationship to your everyday work activities.
How Do I Report Work-Related Injuries?
Reporting work-related injuries to Amazon functionally works like completing a claim with any other type of insurance. Since it is not a litigious legal action, you are merely providing information that will be followed up by your employer’s insurance company. It is vital, then, that you provide accurate and thorough documentation and detailed information regarding your accident and injury from the start. This will help prevent unnecessary delays in claiming your settlement.
When filing your claim, make sure to include the following:
- Any and all specific injuries sustained
- A detailed account of the incident that caused the injury
- What the impact on your life has been
Your claim must include specific times, dates, and locations where possible and should include copies of any medical records or incident reports that you have. Be ready to submit further information or documentation as requested by the insurance company.
What Is the Injury Rate for Amazon Warehouse Workers?
Amazon is notorious for its grueling quotas and high-pressure work environments. Their warehouses, known as fulfillment centers, demand an incredible amount of efficiency and output from their employees, often at unsustainable levels. As a result, Amazon workers are prone to injury-inducing accidents at a much higher rate than typical warehouses. In fact, Amazon’s workplace injury rate has consistently been over twice as high as all other warehouses, reporting at least 6.8 cases per 100 workers over the last several years.
In California, where several multi-thousand-employee super-facilities are operated, the injury rate exceeds an average of about eight cases per 100 workers in nearly three-quarters of their fulfillment centers. The vast majority of those cases reported (about 90%) were for injuries that required the worker to cease working or switch to a new job.
What Kinds of Accidents Can Occur at Amazon?
Amazon employees are used to the fast-paced environment of their fulfillment centers. However, the expectations and demands of the job can quickly breed an environment that is prone to accidents. The following are some of the most common accidents in this type of working environment for which Amazon workers are particularly at risk:
- Slips and falls. Uneven or wet floors, cluttered work areas, obstructions along aisles, and spills can present dangerous walkways that leave workers vulnerable to slips, trips, and falls. Additionally, normal but dangerous work tasks, such as climbing ladders, navigating high shelves, or using stepping stools or other platforms, can lead to serious injuries if a worker were to fall. These injuries include fractures, sprains, traumatic head injuries, and contusions.
- Forklift accidents. Forklifts are some of the most common equipment used in warehouse operations. They are particularly adept at maneuvering around corners and between aisles while handling large or heavy loads. Unfortunately, this also makes warehouses prone to forklift-related injuries if they are operated inappropriately or workers are not properly trained. Forklift injuries include fractures, crush injuries, stab wounds, and even fatalities.
- Falling objects. Fulfillment centers are loaded with shelves containing pallets, crates, merchandise, and boxes. When an object falls or flies through the air, a worker could be severely struck or crushed. The resulting injuries from falling objects include concussions, traumatic head injuries, broken bones, lacerations, and contusions.
- Hazardous substances. Warehouses readily contain many potentially harmful substances and chemicals that remain on the premises for a variety of purposes. Accidental or wrongful exposure to these products can lead to physical complications, injury, or illness. When these hazardous substances are not properly stored, they can lead to burns, skin damage, respiratory issues, and poisoning.
- Overexertion and other long-term conditions. Amazon workers can be particularly prone to injuries that manifest over time rather than are a result of a single incident. Repetitive motion injuries such as carpal tunnel syndrome, tendinitis, herniated discs, muscle strains, and sprains can be just as damaging as other injuries despite being harder to identify. Repeatedly bending over, lifting heavy objects, and carrying them large distances or for extended periods of time can overexert the worker’s body and present prolonged strain on their muscles.
If you have suffered any kind of injury while performing work-related tasks, regardless of whether it manifests immediately or over time, it is vital that you seek immediate medical attention, inform your supervisor, and contact a trusted attorney to help you begin the claims process.
What Does a Workers’ Compensation Claim Cover in My Amazon Workers Injury Case?
Once you have filed a workers’ compensation claim, your employer’s insurance company will review your case information, evaluate the claim, and request further information as needed. Provided there are no issues, they will then present a settlement award intended to cover qualifying expenses and losses incurred as a result of the accident or injury. The settlement will include some combination of the following:
- Expenses for medical care. All medical bills associated with treating the related injury will potentially be covered by your claim. This includes emergency services, hospitalization, intravenous care, surgery, medical procedures, and medication. Follow-up procedures related to the initial injury will also be covered.
- Lost earnings. The majority of injuries restrict employees from working until they have recovered enough to return. Your claim will include a portion intended to reimburse any income you were unable to earn on account of the workplace injury. Permanent injuries, such as losing a limb, may reduce your ability to ever return to the same type of work, in which case your claim can help cover lost earning capacity for the foreseeable future.
- Long-term care. Continued medical treatment, such as physical therapy, occupational therapy, prescriptions, or additional surgery, may be required as part of the ongoing care required for your recovery. Your claim may include compensation for this type of care, as well as any necessary medical equipment, such as a wheelchair.
- Funeral costs. In wrongful death cases, the employee’s surviving family members can file and collect the claim to recover the same damages, such as medical expenses and lost income. In addition, the family may collect reimbursement or compensation for funeral services, burial costs, and interment fees.
How Does a Personal Injury Claim Differ?
When you file a personal injury claim against an at-fault party, you are pursuing a legal action that will require litigation. This means you’ll have the burden of proof requiring you to demonstrate that a duty of care was breached, directly resulting in a personal injury that resulted from an act of negligence.
While you cannot bring a personal injury claim against your employer for a workplace injury, there are several other potential parties that may bear responsibility for the accident. For example, if you were injured by a forklift whose operator was acting negligently, you may be able to pursue a claim against that coworker. Likewise, an Amazon delivery driver who is struck by another driver may be able to pursue recovery from the negligent party. Coworkers, supervisors, employer customers or clients, vendors, or worksite property owners could all potentially be held liable for an accident, injury, or intentional tort, depending on the circumstances of your case.
Personal injury claims can be made in addition to workers’ compensation claims as long as they are made against a different party. However, any damages for which a judge awards you recovery in a personal injury claim that overlaps with compensation received from a workers’ compensation claim will be ordered to be repaid to avoid receiving a windfall. If you believe another party may be at fault for your accident or injury, discuss your case with your attorney to review possible claim options.
Can I Sue My Employer for Workplace Injury in California?
As mentioned before, under normal circumstances, you cannot sue your employer for a workplace injury, as you are legally required to pursue resolution through a workers’ compensation claim instead. However, the situation changes if your employer has committed a violation. If your employer is guilty of any of the following violations, you may be entitled to pursue a personal injury claim against them in place of a workers’ compensation claim:
- Your employer intentionally caused the injury, such as committing an assault
- Your employer hurt you in a manner outside the contextual bounds of employment, also known as a dual context
- Your employer attempted to conceal your injury or hide their involvement or role in the accident
- Your employer failed to maintain valid workers’ compensation insurance at the time of the accident
Lastly, cases of intentional tort, such as physical assault, are treated very differently, even though they involve a workplace injury. If you were injured at your workplace but not as the result of an accident, you will instead want to pursue a personal injury case against your employer, coworker, or other party who committed the alleged violation.
Secure Your Amazon Workplace Injury Accident Representation in Los Angeles
The attorney team at Pratt Law Corporation provides the kind of strong and diligent representation that is required to fairly square up against a mega-employer such as Amazon. Whether you are an Amazon delivery truck driver or work at one of their many California warehouses, speak with a member of our team as soon as possible if you have experienced a workplace accident. Amazon’s industry dominance should no longer mean that its retail advantages in delivering goods at incredible speeds come at the cost of employee safety and well-being. Contact our office today and begin filing your claim for a fair and full recovery.