Under Texas law, private employers do not necessarily have to carry workers’ compensation insurance, unless they contract with a government entity. Businesses that opt out of that coverage, known as non-subscribers, often do not offer direct workers’ comp to their employees. When you suffer an injury at work for an Amazon provider, you may wonder about your lawsuit options if they don’t offer workers’ compensation. Working with an Amazon worker injury lawyer can help you understand your specific options and rights.
Options for Filing a Lawsuit with a Non-Subscriber Amazon Employer
If an Amazon employer does not carry workers’ compensation insurance for its employees, employees will need to file a claim directly against the party liable for causing their injuries. In most cases, that will mean showing that the employer committed negligence in some way, including:
- Allowing an unsafe work environment
- Failing to provide adequate safety training
- Offering damaged or inadequate safety equipment, or failing to provide safety equipment
- Requiring employees to take on dangerous job tasks or tasks beyond their physical capabilities
In some cases, an injured employee and their attorney may identify a third party that bears partial or full liability for an incident, like an equipment manufacturer that provided damaged or dangerous equipment. In that case, the injured employee might need to file a claim against that party in order to recover compensation. When two or more parties share liability, the injured party may need to file a claim against both in order to recover full compensation.
Compensation When a Non-Subscriber Amazon Employer Causes an Accident
When an employer or third-party entity bears liability for an incident that results in injuries, the injured party can pursue compensation for the financial and non-financial damages they suffered because of their injuries. This means that not only can they pursue compensation for their medical bills, from emergency medical transportation to hospitalization and ongoing procedures or therapies, and their lost wages because of their injuries, they can also seek compensation for the suffering they faced because of the incident.
A workers’ compensation claim may, in some cases, provide less compensation, since workers’ comp pays out directly for the medical costs associated with the incident and the time lost at work. In addition, workers’ compensation does not provide compensation for the victim’s pain and suffering.
The Timeline for Filing an Injury Claim
For individuals injured in workplace accidents with non-subscriber employers, Texas offers a two year statute of limitations. The injured worker must file a claim before the statute of limitations expires in order to recover compensation for those damages. However, some exceptions do exist to the statute of limitations, so the injured employee should reach out to an attorney as soon as possible to discuss their options.
Discuss Options for Filing an Injury Claim Against a Non-Subscriber Amazon Employer
When you suffer injuries at work due to the negligence of a non-subscriber employer, including Amazon, you may need to file a claim against your employer directly in order to recover compensation for your damages and losses. At Schechter, Shaffer, & Harris, we understand the challenges that can arise during the personal injury claim process, and we’re here to help you understand your options for pursuing compensation. Contact us today. We are ready to fight for you and your rights—and to help you recover justice for your employer’s negligence.