Evidence in an Amazon Work Injury Claim in Houston

You might get injured while on the job and face the prospect of having to sue your employer for compensation. But if you do not document everything well enough, you could see your claim denied or reduced from what you should receive.

Amazon stands as a large employer in Texas, and you might need to preserve evidence in an Amazon work injury claim in Houston in order to pay your bills. Fortunately, our work injury attorneys at Schechter, Shaffer & Harris, LLP can stand by you and fight on your behalf.

Work Injury Claims and Workers’ Compensation

In most cases, a worker injured at Amazon or most other jobs is covered by workers’ compensation, which functions as insurance for employers and replaces the bringing of lawsuits. Employers carry workers’ compensation insurance and file a claim with the insurer, show the injury, and receive benefits.

But Texas does not require employers to carry workers’ compensation insurance, and some kinds of injuries are not covered at all. Instead of filing a workers’ compensation claim, a person could bring a claim against the employer directly.

A person might be injured at work or because of the work, depending on what happened. An occupational illness could manifest from working in a hazardous or unsafe environment, or an injury could occur from repetitive tasks or stress positions. A person might even be the victim of an accident on the job, such as a heavy load falling or a piece of equipment malfunctioning.

Working in an Amazon warehouse or distribution center could lead to these kinds of injuries, and a person will need to give proof of how they were injured at work to bring a claim. An attorney could help them gather the evidence needed and make the claim.

Evidence Needed for an Amazon Work Injury Claim

In order to bring a suit against an employer, a worker will likely need to show the employer’s negligence—the legal responsibility for injuries based on their lack of care. Negligence claims usually require proof of four elements: duty of care, breach of that duty, causation, and damages.

The kinds of evidence needed to prove these elements can vary, but typically fall into a few buckets. First, a worker must document medical treatment and expenses, both for the purposes of showing what happened (causation) and what the injury has cost them (damages). Getting checked out as soon as possible after an injury can be crucial for showing the fault of the employer and for proving the right amount of compensation the person should receive.

Second, they might need evidence from the employer to document what exactly happened. Video surveillance of the area and other data collected by employers like Amazon for productivity purposes could help show that a person was in fact injured on the job, as opposed to somewhere else or by some other cause. Working with an attorney can ensure a person can access this evidence, even if it requires a subpoena once litigation begins.

Depending on the specifics, they might also need expert evidence related to advanced technology or industrial processes in order to make the claim in court.

Preserve Evidence in an Amazon Work Injury Claim With a Houston Attorney

Of course, you will not have to gather and preserve evidence all on your own after a workplace injury. A personal injury attorney can support you and your efforts throughout the process, all with the goal of getting your claim to the point of compensation.

If you want to learn more about evidence in an Amazon work injury claim in Houston, talk to one of our team members at Schechter, Shaffer & Harris, LLP. Call our offices for a free consultation.