Amazon Warehouse Accident Lawyer Serving Central and South/Southwestern Virginia
Amazon warehouse workers and delivery drivers may be covered by workers’ comp, but claiming their rightful compensation is rarely easy. Amazon, being the second largest private employer in the US, is well-equipped to handle injury claims, particularly through their third-party administrator. For injured workers, this often means their worker’s comp claim will be complicated and difficult to navigate, and they may not be able to receive their full benefits.
If you were injured in an Amazon warehouse accident and hope to get properly compensated, get the help of a workers’ comp attorney. In Virginia, Attorney Jaleh K. Slominski is highly experienced in representing warehouse employees who deserve payment for their work injuries. She is fearless in facing giant retailers like Amazon, and her service has led to numerous workers getting their maximum compensation. Call Slominski Law and see how we can help you.
What You Need to Know About Amazon Workers’ Comp Claims
The law guarantees that workers who get injured on the job can claim workers’ compensation. However, when your employer is a major corporation like Amazon, the compensation process won’t be as simple as filing a claim. Here are important things you can expect when trying to claim workers’ comp from Amazon:
Amazon uses a third-party administrator.
You won’t be dealing with Amazon directly but with their third-party administrator (TPA). A TPA is not an insurance company, but a team that handles claims on behalf of employers. Amazon’s usual TPA is a company called Sedgwick CMS, and after your accident, you can expect to get a call from a Sedgwick representative.
The representative will sound sympathetic with you, but it’s crucial to remember that Sedgwick, or any other TPA, is not a neutral third party. They work for your employer with the aim to limit their claims costs as much as possible. During their claim management process, Sedgwick will audit your medical bills to find areas where they can save money. They will also try to defend Amazon against your claim by strategizing with an insurance benefits attorney.
Workers who face a seasoned claims administrator often encounter TPA tactics that ultimately minimize the workers’ comp they receive. To protect yourself from these tactics, it’s best to get the guidance of a competent worker’s compensation attorney.
Amazon has in-house EMTs – but you must have other options.
As an Amazon employee, you’re probably already aware of Amazon’s on-site emergency medical clinics called Amcare. When an accident occurs at an Amazon warehouse or fulfillment center, managers will direct injured workers to Amcare to get immediate medical treatment.
But while this on-site treatment can be helpful, you are not limited to it. Amazon is still required by law to offer you a panel of doctors or medical providers, from whom you can choose to get proper treatment. Your boss can’t tell you to stick with Amcare if you want to get a worker’s comp.
After your initial treatment with Amcare, it’s well within your rights to ask for a panel of physicians. You’ll want to choose a provider who’s claimant-friendly, meaning they’ll not only provide the medical care you need but also help you in your compensation claim such as by establishing your disability status. An experienced workers’ comp lawyer can help you with this. Attorney Jaleh Slominski has built a network of medical providers in Virginia who have been helpful to her clients in their injury claims.
You may need to resign if you accept an Amazon settlement.
If your Amazon claim is accepted, you may have the option to receive your compensation as a one-time lump sum settlement. This is an attractive option for many claimants, primarily because it gives them a significant amount of money to recover their medical expenses. However, settling with Amazon also comes with disadvantages, one of which is that the company may require you to resign upon accepting the settlement.
Is it legal for a company to demand resignation when a worker settles a claim? In Virginia, yes, it’s legal and quite common for employers to require resignation upon settling a worker’s comp claim. Workers’ comp settlements are voluntary, so companies can include resignation as part of the settlement deal – which the worker doesn’t have to accept. This way, the worker is technically not fired but presented with the option to voluntarily resign via acceptance of the deal.
Employers and insurance companies include the resignation requirement usually because they don’t want to risk having to pay the same employee for a different injury down the road. With Amazon, workers’ comp settlement agreements also come with an additional requirement: the worker cannot apply for a rehire in the same company in the future.
This is one example of how workers’ rights often get hazy and confusing when they’re claiming compensation from an experienced, high-powered company. You’ll want the help of a knowledgeable and skilled attorney to navigate this complex field while protecting your rights throughout the process.
Common Accidents and Injuries at Amazon Warehouses
Numerous reports show how Amazon warehouses and fulfillment centers are a hotbed of accidents and injuries. Warehouse work is physically demanding by nature, but Amazon in particular is known for its highly competitive fulfillment speeds and intense work culture. One 2020 report revealed that the injury rate at Amazon facilities was 6.5 injuries per 100 full-time workers, higher than the non-Amazon warehousing average of only 4 per 100.
Common accidents at Amazon warehouses include:
- Slip and fall accidents
- Heavy equipment accidents
- Overexertion
- Getting hit by falling objects
- Injuries from machine malfunctions (such as machine entanglement)
- Toxic chemical exposure
- Forklift accidents
- Delivery vehicle accidents.
These accidents can easily result in serious injuries such as:
- Fractures
- Lacerations
- Traumatic brain injuries (TBI)
- Back or spine injuries
- Neck or shoulder injuries
- Joint, tendon, or ligament injuries
- Knee or leg injuries.
These injuries are often costly, requiring major medical treatments and rehabilitation. Many injured workers also suffer a decreased ability to earn, or sometimes a disability that prevents them from going back to work altogether. The combined impact of huge medical bills and decreased income means that workers cannot take for granted their compensation claim.
To increase your chances of getting the benefits you need and deserve, reach out to a trusted worker’s compensation attorney.
How Much You Could Receive in an Amazon Warehouse Accident Claim
If you’re wondering what the average Amazon worker’s comp settlement is, the truthful answer is that there is no true average or one-size-fits-all amount. Workers’ compensation amounts vary widely because each claim is a unique combination of circumstances. For example, we’ve seen back injury settlements ranging from $45,000 to several hundred thousands. Your own claim can result in an amount that’s different from these.
The following are some factors that affect your compensation amount:
- Your average weekly wage pre-injury
- Which body part was injured
- The extent of disability
- How clearly you can establish that your Amazon job caused your injury
- Any future medical costs you could incur.
The skills of an attorney are invaluable in maximizing your compensation. One crucial area where you’ll want a lawyer is establishing causation. Claims administrators will take any opportunity they get to deny that your work caused your injury. For instance, if you get carpal tunnel (wrist injury) because of repetitive lifting, the company could argue that it’s a common life disease and not specifically related to your Amazon job.
At Slominski Law, we regularly encounter claims defenses like this, but we are ready to counter them with robust case-building, effective argumentation, and support from medical professionals. Attorney Jaleh Slominski has been doing this for decades, resulting in favorable compensation for many Virginian workers.
Contact Slominski Law
If you got hurt doing your job at Amazon, claiming compensation may seem daunting, but Attorney Jaleh Slominski can fight for you. She has been named a “Go-To Lawyer” in Virginia for workers’ comp claims because of her decades of experience, successful track record, and numerous satisfied clients.
Talk to Slominski Law about your Amazon warehouse injury. Call our Lynchburg office at (434) 384-9400 or our Roanoke office at (540) 554-3762.