State law upholds some of the most robust workers’ compensation laws in the country, requiring virtually every employer in the state to buy workers’ compensation insurance covering almost every employee. Amazon is one of the largest employers in the United States. The company employs more than 170,000 employees in California and more than 1.5 million across the country. In each state in which Amazon operates, the company is required to comply with the state’s workers’ compensation laws.
If you work for Amazon and suffer any injury at work, you are able to qualify for workers’ compensation benefits once your injury causes you to miss three days of work in California. The Amazon Workers’ Compensation Plan covers almost all part-time and full-time Amazon employees, including distribution center employees and delivery truck drivers, and if you suffer any work-related injury, you need to know what to expect from the plan and how to recover as fully as possible.
The first steps you take after a work-related injury are crucial. You are required to report the injury to your supervisor, and they must document the injury in a formal incident report. Your employer may not interfere with the claim filing process, nor may they fire you or otherwise retaliate against you for requesting to file a workers’ compensation claim in good faith.
You will need to undergo a medical review from a workers’ compensation doctor as part of the claim filing process. This doctor will examine your injuries and assign a rating for your disability based on the level of damage you suffered and the likelihood that you will face long-term or permanent disabilities from the injury. This rating will determine the scope of benefits the insurance company will provide.
Once you complete the initial steps of your claim process, you can submit your claim to the insurance company and await their determination. Generally, most claimants will receive full coverage of their medical expenses and compensation for the time they are unable to work. If they are able to handle light duty but cannot earn as much as they did before their injury, they can receive partial disability benefits to make up the difference. If they are not able to work while they recover, they are more likely to receive weekly total disability benefits equal to about two-thirds of their average weekly wage.
In rare situations, injured Amazon workers can have grounds for additional legal action that can enhance their recovery. For example, if an Amazon delivery driver is injured in an accident while delivering packages, the at-fault driver would be liable for any damages not covered by the victim’s workers’ compensation benefits. A third-party personal injury claim could enable the victim to secure compensation for their pain and suffering and lost income not covered by their employer’s workers’ compensation.
California law requires almost all employers in the state to buy workers’ compensation insurance, and most employees qualify if they sustain injuries on the job. A few types of workers are exempt, such as independent contractors, domestic care workers, and certain temporary workers. If an employer does not have appropriate workers’ compensation insurance as required by law, they face full liability for all damages an employee incurs from a workplace accident.
All Amazon employees working in the state are covered by the Amazon Workers’ Compensation Plan. If you sustain any injury while performing your job duties for Amazon, you have the right to file a workers’ compensation claim to seek benefits. The insurance should cover the cost of all medical care you need to recover, as well as income replacement benefits to help manage the economic impact of your inability to work during your recovery.
In most cases, yes, causing your own injury does not disqualify you from workers’ compensation benefits. As long as you were working when you injured yourself and the injury occurred from an accident made in good faith, you can still claim workers’ compensation benefits. However, if you were working while under the influence of alcohol or drugs, or if you caused your own injury through disregard of important safety rules or horseplay at work, these issues might disqualify you from workers’ compensation.
Workers’ compensation insurance typically prevents an injured worker from suing their employer, but exceptions to the rule exist. If your injury happened because of gross negligence, intentional refusal to follow safety regulations, or any intentional misconduct, it is possible to have grounds for a civil suit against Amazon in addition to your workers’ compensation claim. It is also possible to have grounds for a civil suit against a third party that caused your injury.
Technically, you are not required to hire an attorney if you need to file a workers’ compensation claim, but doing so will dramatically improve your chances of securing a fair benefits determination. Your attorney can handle the procedural side of your case so you can focus on your recovery, and your attorney can be crucial for ensuring you receive an appropriate amount of compensation for the damages you suffered.
Amazon may be the largest employer in the United States, but it is still subject to the workers’ compensation laws of the states in which it operates. If you work for Amazon in the state and suffer an injury at work, it is vital that you know what to do in the immediate aftermath to ensure you receive appropriate compensation for your injury. Canlas Law Group can help you file your workers’ compensation claim and guide you through any additional legal matters you may face after a work injury at Amazon. Contact us today to schedule a free consultation and learn more about our legal services for injured workers.