How to Qualify for Amazon Workers’ Comp Benefits

It’s no secret that the U.S. relies on Amazon for deliveries of everything from holiday gifts to groceries. But while the country relies on Amazon’s services, many of its employees need Amazon workers’ comp benefits. Though Amazon is taking steps to address the crisis, it still has the highest injury rate of U.S. warehouse employers.

A report from the National Employment Law Project found Amazon injury rates are 1.5 times greater than comparable companies. And while Amazon comprises 79% of employment among warehouses with 1,000+ workers, it also accounts for 86% of all injuries.

The need for Amazon to supply a solid workers’ comp policy couldn’t be clearer. However, employees may not know the protocol to follow when they experience an on-the-job injury at Amazon.

If you’re one of those employees, keep reading. We’re here to help you understand Amazon workers’ comp benefits, and if necessary, to connect you with a lawyer.

Who Qualifies for Amazon Workers’ Comp?

The first thing to know is that workers’ comp benefits should be available to almost all regular Amazon employees. This includes full-time, part-time, temporary, and seasonal employees in any Amazon work capacity.

Examples of such roles may include:

• Warehouse workers
• Delivery drivers
• Office personnel and any other Amazon employees all have coverage

Amazon self-insures its employees, but it processes all claims through a third-party administrator (TPA) at Sedgwick workers’ comp. From initial filing of a workers’ comp claim to resolution, Sedgwick seeks to mitigate risk by streamlining the claims process.

Unfortunately, it doesn’t always expedite resolution. Although Amazon is a massive company, they still may attempt to trick you into accepting a lower settlement than you deserve.

Independent Contractors

Though regular employees for Amazon have a right to workers’ comp through the company, alas independent contractors do not benefit. If Amazon pays you by 1099 and doesn’t deduct taxes from your paycheck, you’re probably an independent contractor.

If you think you’re wrongly classified as an independent contractor, however, you may have a case. Many Amazon delivery drivers fall into this category. A skilled workers’ comp attorney can help you determine if you have a claim.

What Injuries Does Amazon Workers’ Compensation Cover?

It’s important to note that workers’ comp benefits cover a wide variety of ailments, not just one-time incidents. For example, an Amazon factory worker who develops a strained back from lifting heavy boxes repeatedly over time could qualify.

The progression of certain illnesses from exposure to hazardous materials may also fall under Amazon workers’ compensation.

Know that most states operate under no-fault workers’ compensation laws, meaning the injured can file a claim, even if they were at-fault for their injuries.

The key is that any condition an employee files a workers’ comp claim for must directly result from their job. That means, the employee experiences the injury or illness during the course and scope of their employment. Injuries outside of a workers’ prescribed duties will not qualify for coverage.

What to Do After an Amazon Work Injury

If your workplace injury needs immediate medical attention, always call 911 or get to urgent care. It’s important not to wait in an emergency.

However, it is advisable to tell your healthcare provider that you’re suffering from a work-related injury. Also, make sure to acquire copies of treatment records, and even consider taking photos to document the incident.

In cases that are less pressing, there is a certain protocol you’ll need to follow to apply for benefits. However, there are different workers’ compensation laws in every state. As such, it will be important for you to find out the parameters of your state’s workers’ comp program.

How to Start Your Amazon Workers’ Comp Claim

Regardless of where you live, if you’re employed by Amazon and injured at work, immediately report it to your supervisor. Though the deadline for reporting an at-work injury varies by state, your best action is not to wait.

As soon as you report an injury, Amazon has a legal requirement to begin the workers’ comp filing process. They should have you fill out an injury report form and notify Sedgwick, who will then evaluate your claim.

The exception here is if you live in Texas, where Amazon claims to have non-subscriber status. That means Amazon says it doesn’t have to provide workers’ compensation for its employees in the Lone Star state.

However, it also means that they forfeit the employer protections implicit in the workers’ comp system. So, an injured employee may file a personal injury lawsuit against Amazon in Texas if they qualify.

Also, the company may push you to seek treatment and evaluation from AmCare, Amazon’s in-house wellness center. However, know that you have a right to a second opinion from your own doctor.

Remember that AmCare is there to support the company’s interests. Therefore, they may downplay your injury or clear you to return to work to avoid a workers’ comp claim.

Types of Amazon Workers’ Comp Benefits

Generally, there are two types of workers’ comp benefits available to injured Amazon employees: medical and lost wage payments.

Medical Benefits

Medical care for an illness or injury can get very expensive. That’s why at the very least, Amazon workers’ comp should pay for any treatment surrounding your job-related condition.

This includes doctor and surgery bills, but also things like prescription drugs, diagnostic tests, and blood work. It also will cover physical therapy, chiropractic care, and assistive devices (like wheelchairs or crutches).

In some states, you will have to see a doctor who Amazon or Sedgwick workers’ comp selects. So, make sure to ask about that before seeking medical treatment.

Lost Wages

Wondering how you’re going to pay the bills when you’re out of work owing to a job-related injury is stressful. That’s one reason that workers’ comp benefits include a provision providing payments to mitigate an employee’s salary losses.

The payment amount will vary by state, but in most instances it’s about two-thirds of a worker’s average weekly wage. However, that amount must also not exceed a state maximum. And an individual’s actual payout will concurrently depend on factors like their degree of disability and total time off work.

Once you reach maximum medical improvement (MMI) from your work-related injury, you will likely receive a settlement offer. Most insurers don’t want to keep claims “open” longer than they must.

While the prospect of a large check is appealing, it’s important to have a lawyer review any settlement offers. That’s because taking such a payout may mean forfeiting any future rights to reopen the claim should your condition regress.

What if Amazon Requires Me to Go Back to Work?

There is real physical risk to any worker pushed to return to work sooner than they’re ready. However, Amazon recently came under fire for claims they made employees take “light duty” jobs to avoid paying workers’ comp.

If you aren’t fully healed, you may cause further damage by returning to work prematurely. The only person you should feel comfortable assessing your ability to return to work is your doctor.

If Amazon is harassing you to return to work but you don’t yet have medical clearance, speak to your lawyer. They may be able to advocate for an independent medical evaluation to support your assertions.

Can I Get Fired from Amazon for Filing Workers’ Comp?

It’s illegal for Amazon to fire you for filing a workers’ comp claim, or for requiring time off to recover. Regardless of what state you live in, there are laws protecting disabled workers.

That being said, you can still be let go for other reasons, especially in at-will work states. But any workplace separation needs to be distinct from your work-related injury and subsequent workers’ comp claim.

If you’re receiving termination threats while out of work for an injury, speak to a workers’ comp lawyer immediately. Such actions may constitute a wrongful termination lawsuit.

What to Prove in an Amazon Workers’ Compensation Claim

At a base level, there are certain criteria you must meet to have a legitimate Amazon workers’ comp claim. These requirements include the following:

• You must be an employee of the company (independent contractors don’t qualify).
• You must show your injury or illness is directly related to your job.
• You must live in a state where Amazon carries workers’ comp insurance (currently every state except Texas).
• You must meet your state’s deadline for reporting the injury to your employer and filing a workers’ comp claim.

If you meet these basic qualifiers, then your claim should be in the clear. However, the more details you can collect about the incident and your condition, the better. That means you’ll want to keep track of things like:

• What led to the injury or illness
• The date of the incident or realization of the condition
• When you made a report of your injury/illness to your employer
• When you first seek treatment
• Which body part(s) it affects, or the nature of your illness
• How much time you had to miss work as a result

If after supplying all of this you’re still getting the run-around, or Amazon contests your claim, you’ll need a lawyer to file an appeal.

Amazon Workers’ Compensation Disputes

Unfortunately, Amazon is getting a reputation for making it difficult for employees to receive the workers’ comp benefits they deserve.

However, there are a few situations in which the company doesn’t have to grant approval for benefits. For example, an employee is ineligible for workers’ compensation when the injury was:

• Self-inflicted or intentional
• Caused by horseplay or fighting
• A result of being under the influence of drugs or alcohol
• In violation of company policy

Any of the above reasons for an injury may disqualify a claim. Other than that, in most cases, an injured Amazon employee should receive medical care and payments to cover lost wages. As long as it was work-related, this holds true regardless of the injury or illness or how they got hurt.

However, if you receive a notice of denial of benefits from Amazon, you have a right to appeal. But in any workers’ comp dispute, you’ll definitely want a lawyer, because you can bet Amazon will have lawyers too.

File Your Amazon Workers’ Comp Claim With an Attorney

You shouldn’t feel helpless against your employer if you experience a work-related injury. No matter how big the corporation, they owe it to their employees to take care of their well-being.

Amazon has had an epidemic of workplace injuries in recent years. Though they’ve made many changes at the behest of OSHA, their injury rates are still the highest in the industry.

If you’ve been hurt in a job-related incident while working for Amazon, you deserve fair compensation. Getting a skilled workers’ comp attorney in your corner is one way to raise your chances to receive the benefits you need.