Filing an Amazon Workers’ Compensation Claim in Houston

When you have been recently injured on the job at Amazon, you may be wondering whether you have a legal right to compensation. Amazon is one of a number of prominent companies that operate in Texas and does not carry workers’ compensation insurance coverage, as the state does not mandate that most private companies do so.

Traditionally, when an employer carries workers’ compensation coverage, and an employee is injured on the job, the employee can recover certain benefits through this insurance but will be barred from directly suing the company they work for. Given that Amazon does not carry workers’ compensation coverage, individuals injured on the job may be entitled to file a personal injury claim. An attorney could examine the details of your injury and explain what filing an Amazon workers’ compensation claim in Houston may mean for you.

Overview of Amazon Workplace Claims

When it comes to filing a non-subscriber claim against Amazon in Houston, the process is notably different than a traditional workers’ compensation case. In a normal workers’ compensation case, the injured individual does not need to demonstrate that anyone was at fault for the losses they suffered. Instead, if the they suffered a work-related injury, they could typically claim benefits from their employer. Those benefits are limited but can include costs like medical bills, lost wages, rehabilitation, and even death benefits in some cases.

The issue with the traditional workers’ compensation system is that it not only severely limits the types of benefits the injured individual may be entitled to claim, but also usually bars them from filing a lawsuit against their employer even if negligence may have been involved. In most states that follow the workers’ compensation process, the only way to file a claim for a work injury is if a third party’s actions, apart from their employer, contributed to the individual’s harm.

Texas does not require the vast majority of private companies to obtain workers’ compensation coverage and Amazon is one of the entities that has taken advantage of this loophole as a non-subscriber. Workers who are injured on the job can have far more legal options than their counterparts in other states, including the ability to file a personal injury claim. However, in order to file a claim against Amazon, the injured individual will typically need to show that negligence occurred.

Negligence at Amazon Workplaces

Proving negligence requires proof of the existence of a duty of care, a violation of that duty, a casual effect between that violation and the worker’s injuries, and damages that the worker can be compensated for. Like other employers, Amazon has a legal duty to ensure a safe and hazard-free work environment.

If Amazon fails in this duty, and a worker is injured as a result, that worker may be entitled to file a claim to recover the value of the damages they have suffered. Common examples of negligence-based accidents that can happen in Amazon warehouses and other locations in the Houston area include falling objects, equipment or machinery accidents, burns from fires or explosions, transportation vehicle accidents, and scaffolding accidents.

Recovering Compensation for Injured Amazon Workers

Amazon workers in Houston may be eligible to file a claim for compensation for injuries suffered in a wide range of incidents. Some of the most commonly reported injuries at Amazon warehouses and other locations include neck and back injuries, spinal injuries, head injuries, nerve injuries, and crush injuries. Injured workers may be entitled to recovery not only for the value of their medical bills and lost wages, but future lost earning capacity, ongoing medical expenses, pain, and suffering.

One of the most important steps to take after suffering an injury as an Amazon worker, beyond obtaining prompt medical treatment, is to contact a lawyer about filing a personal injury claim. Most lawsuits are subject to a mere two-year filing window from the date of the accident. However, other time limits can also apply to these types of cases including the 30-day window in which to notify Amazon that an injury occurred.

How Does an Attorney Help in Filing a Claim Against Amazon?

An attorney could investigate whether negligence was behind the worker’s injuries and handle all interactions with the insurance company. Importantly, an attorney could fully spearhead the case management process, such as identifying liability, obtaining evidence, interviewing witnesses, securing medical records and lost wage records, assessing the value of the claim, and compiling a settlement demand on the worker’s behalf to send to the insurance company.

Speak with a Houston Attorney About Filing an Amazon Workers’ Compensation Claim

Filing an Amazon workers’ compensation claim in Houston may require help from an attorney. Workers’ comp may not actually apply in your situation. Rather than being another cog in the wheel of the machine that is Amazon, an attorney could ensure your case receives the attention it deserves. Contact our office today to speak with a dedicated lawyer about the incident.