Amazon warehouse workers throughout the Pittsburgh and Allegheny County areas often face tough work conditions, long hours, and plenty of risks of injury. If you were hurt working for Amazon or a subsidiary, our lawyers can help you get the compensation you need.
Most warehouse workers and other on-site staff for Amazon are employees, entitling them to Workers’ Comp benefits after an injury. No matter your level of work, from new hires to seasonal workers to supervisors, you are entitled to compensation if you get hurt on the job.
For a free review of your potential case, call Cardamone Law’s Amazon warehouse injury lawyers at (267) 651-7945.
Workers’ Compensation Coverage for Amazon Workers
Amazon warehouse employees might not be familiar with their rights. As employees in Pennsylvania, you are supposed to be covered under your employer’s Workers’ Compensation policy. There should be notice posted in your workplace about how this coverage works, what you are entitled to, and what to do if you are injured. However, here are the basics:
What is Workers’ Compensation?
Workers’ Comp pays for work injuries without you needing to first prove who caused the accident or that it was even your employer’s fault. This coverage can even kick in when you injure yourself by accident.
How Do I Report an Injury?
You report a workplace injury to your supervisor or a designated person at your job. We can help you find the right person to give notice to.
Usually, you file notice within 21 days of the injury, though your claim is not actually barred unless you take more than 120 days to give notice.
How Do I Get Medical Care?
For your emergency medical care, go straight to the hospital. It should not really matter which doctor or provider gives emergency care.
As you need more care, your employer may be able to choose your doctor. They should have a list posted in the workplace with at least six “panel doctors,” which may be other types of medical professionals aside from doctors, too. You must get care from these approved doctors for the first 90 days of covered treatment, with exceptions for unlisted specialties and second opinions about surgery.
How Do I File a Claim?
For your initial claim, you give notice to your employer, and they actually file the claim with their Workers’ Comp insurance carrier. That is often denied.
From there, our Amazon warehouse injury lawyers can help you file a Claim Petition with a Workers’ Comp Judge. That judge then decides the claim through a hearing, where we present medical evidence, depositions, and other proof of what happened.
What Do I Need to Prove?
You need to prove that your injury was
- Caused by work-related conditions or in the course of work tasks
- You were an employee, not an independent contractor
- The injury disabled you for at least 7 days.
You also have to prove you are an “employee” as opposed to an “independent contractor.” This usually is not challenged for warehouse staff, though cleaners and maintenance staff might be outside contractors or work for a different employer.
Can I Sue for Injuries at an Amazon Warehouse?
Amazon is a huge company, and injured workers may need a lot of damages covered. Suing a big, multinational corporation like Amazon is often a good way to make sure there is enough money to cover you, but it is not usually allowed.
Employees are not allowed to sue their employers for work-related injuries and are instead expected to use Workers’ Compensation. However, you can still sue third parties.
This could allow you to sue
- Delivery drivers and companies that hit you in a loading dock.
- Outside cleaning or maintenance staff who create dangerous work conditions.
- Manufacturers of defective or dangerous products you are sorting or handling at the warehouse (e.g., exploding lithium-ion batteries).
These are just some possible examples.
Damages Available
In a Workers’ Comp claim, you can get three areas of benefits. Some additional damages might be available if you can sue.
Workers’ Comp Benefits
Workers’ Comp pays for all medical care, around 2/3 of lost wages, and extra “specific loss” benefits for certain injuries.
- All medical care should be covered without pre-approval, as long as you follow the rules about using properly licensed care providers and using listed doctors for the first 90 days.
- Wage-loss benefits are technically subject to caps and floors, but they typically equal 2/3 of your pre-injury average weekly wage (AWW). If you can still work but with reduced hours or wages, you get 2/3 of the difference in pre- and post-injury wages instead.
- Specific loss benefits cover 2/3 of your AWW per week (again, subject to caps and floors), but the length of this depends on the injury. This is only available for significant facial scarring, lost vision, lost hearing, amputation, or lost function.
Lawsuit Damages
In a lawsuit, you can recover damages for any economic harms you face, primarily lost wages and medical expenses. This can cover the rest of your lost wages that your Workers’ Comp did not cover.
Most importantly, a lawsuit can pay pain and suffering for any injury that causes physical, mental, and emotional effects (which means most injuries).
FAQs for Amazon Warehouse Injuries in Pittsburgh
Can I Sue Amazon?
Usually, you cannot sue your employer for work-related accidents. This means you can only potentially sue Amazon if you were classified as an independent contractor, and only if Amazon or its workers were at fault.
Do I Have to Use Workers’ Comp?
If a lawsuit is unavailable, Workers’ Comp may be your only route to recovery. This is common if you caused your own injuries.
Workers’ Comp also typically pays you faster than a lawsuit, so it is usually the best way to get paid quickly.
How Long Do I Have to File?
You must file notice of your injury within 21 days (or, potentially up to 120 days) and you must file a Claim Petition within 3 years of the injury.
You must file a lawsuit within 2 years of the injury.
Call Our Amazon Warehouse Injury Lawyers for Workers in Pittsburgh
If you were hurt at work in an Amazon warehouse in or around Pittsburgh, call Cardamone Law’s Amazon warehouse injury and Workers’ Comp lawyers at (267) 651-7945.
