Average Amazon Workers’ Comp Settlement in California
Legally reviewed by: Jessica Anvar Stotz, JD, MBA
Retail giant Amazon’s ongoing battle with its workers over healthcare and time off has intensified due to the management of its expansive warehousing and logistics operations, which saw substantial growth during the pandemic.
In 2021, Amazon hired a staggering 300,000 employees for its fulfillment services, pushing its global workforce to exceed 1.6 million. Notably, the company’s logistics operations, including warehouses and air facilities, tripled in size, resulting in excess space due to a recent decline in demand.
The vast size of Amazon’s workforce contributes to higher injury rates. Between 2018 and 2020, Amazon warehouses in Minnesota reported injury rates over twice as high as other warehouses in the state, according to the National Employment Law Project.
Nationally, serious injuries occurred at Amazon warehouses at twice the rate of non-Amazon warehouses in 2021, as reported by the Strategic Organizing Center, a union-affiliated labor advocacy group. Amazon itself reported around seven injuries per 100 workers, totaling a staggering 38,000 reported injuries- leading to a significant number of workers filing for workers’ compensation claims every year.
What is the Average Among Amazon Workers’Compensation Settlements in California?
While specific information about average amounts for Amazon workers’ compensation settlements is not publicly available, workers’ compensation settlements in California can range from tens of thousands to potentially millions of dollars.
The actual amount of a workers’ compensation settlement can vary significantly, depending on factors like the nature and severity of the injury, medical expenses, lost wages, and other relevant circumstances. Settlements are unique to each case and can be influenced by negotiations between the parties involved.
If you are an Amazon worker in California seeking information about workers’ compensation settlements, you should consult with a workers’ compensation attorney. They can provide accurate and up-to-date information tailored to your specific situation, as well as offer guidance based on the latest legal precedents.
What to do if Amazon is Giving me the “Runaround” Treatment
If Amazon does not give you the assistance you deserve for your workplace injuries, you should consider filing an individual claim. While some employees smoothly obtain Amazon workers’ compensation and medical care, others face obstacles even after treatment begins.
A Washington state agency discovered that Amazon frequently fails to provide essential ergonomic tools, and employees often hesitate to use them due to fears of reprimand for slowing down work pace. Amazon plans to appeal the citation issued by the agency, as reported by The Seattle Times.
The rate system itself can contribute to injuries, leading workers into a frustrating bureaucratic maze that causes delays. Dad Ali, an Amazon worker from Minnesota, revealed how rate requirements resulted in injuries at his warehouse. Ali suffered spinal disk injuries in July 2021 and missed over seven weeks’ pay, significantly impacting his family financially. Amazon claimed Ali’s address was not updated in their system but argued that he received payments after enrolling in direct deposit.
Remarkably, less than two months after his injury, Ali returned to work while still experiencing pain, claiming that the company did not adjust his duties accordingly. Ali alleges that Amazon engages in a practice of giving workers the runaround until they abandon their pursuit of proper support.
What Does an Amazon Injury Settlement Check Cover?
There are two primary benefits that you are able to recover in case of an Amazon workers’ comp injury:
- Lost wage relief: If you are unable to work, Amazon/Sedgwick workers’ comp should provide compensation based on a percentage of the earnings you would’ve received had you been working. If your inability to work extends over a longer period, you may receive a workers’ compensation settlement offer from Amazon/Sedgwick. This settlement will include an amount for “future wages” that you will be unable to earn due to your injuries. The specific calculation of payments varies from state to state, but generally, it is based on two-thirds of your average weekly wage.
- Medical care: Amazon or Sedgwick is responsible for covering your necessary medical treatment. This covers all necessary and reasonable medical treatment for your injury and recovery, such as specialist appointments, operations, medications, physical therapy, hospital stays, and more. You might need to visit a doctor chosen by Amazon or Sedgwick, depending on the state in which you work. Your condition will be assessed, along with the required treatment, the time frame for your return to work, and the kind of work you are physically capable of doing.
Can I Calculate What My Settlement Will Be?
Calculating an Amazon injury settlement is a complex process influenced by case-specific factors and there is no one-size-fits-all formula for determining the exact amount.
Considering the intricacies involved in calculating a settlement amount, it is highly recommended to seek the assistance of an experienced attorney who specializes in the relevant area of law. An attorney can provide invaluable guidance throughout the process and help ensure that you receive fair compensation.
Legal professionals possess the necessary expertise to assess the specific details of your case, evaluate the strength of your claim, and consider the various factors that influence the settlement amount. They can help gather the necessary evidence, assess the extent of your damages, accurately calculate the economic and non-economic losses, and build a strong case to support your claim.
What Injuries Are Covered by Amazon Workers’ Compensation Insurance?
Workers’ compensation covers a range of workplace injuries, making it essential to file a claim if your injury affects your ability to work or requires medical treatment.
Musculoskeletal injuries are the most prevalent among Amazon warehouse employees, accounting for 40% of reported injuries. These injuries, such as sprains and strains, often result from repetitive motions and tend to occur within the first six months of employment.
Due to the fast-paced nature of work at Amazon, one-time injuries are very frequent in addition to musculoskeletal injuries. Workers’ compensation claims across the country frequently involve occurrences involving contact with objects and equipment, overexertion, and falls, slips, and trips that result in work-related injuries. Abrasions, burns, and cuts are also regularly reported in a variety of fields.
Even though they are less frequent, illnesses brought on by exposure to dangerous substances can still be covered by workers’ compensation. It’s critical to get medical care, notify your manager, and file a workers’ compensation claim if you become ill as a result of workplace risks like chemicals or asbestos.
What Should I Expect When Filing a Claim?
The process of filing a workers’ compensation claim at Amazon generally follows these steps:
- Promptly report your injury: For immediate incidents, report the injury as soon as possible. For gradual injuries, notify Amazon when they start affecting your work or when your doctor documents the condition. Clearly communicate the work-related actions that led to the injury.
- Complete an incident report: Amazon will provide you with an incident report to fill out. Once Amazon is informed of your injury, they will report it to Sedgwick, the workers’ compensation administrator. You’ll need to complete a form for Sedgwick to assess your claim.
- Continue medical treatment and follow recommendations: Seek ongoing medical care and comply with the instructions given by your workers’ compensation doctor. Inform both Amazon and Sedgwick about all treatments and diagnoses. The doctor will evaluate your impairment rating and determine your work capacity, including the possibility of light-duty work. If you disagree with the doctor’s assessment, a lawyer can assist in negotiating aspects such as the impairment rating, which directly affects your settlement amount.
- Claim denial or settlement offer: Your claim may be denied, in which case you have the option to appeal the decision. If your claim is approved, you will receive a settlement offer. While legal representation can be helpful at any stage, it is especially valuable for challenging denials or negotiating settlements. Involving a lawyer often results in higher settlement payments, typically five times more than without legal representation.
Frequently Asked Questions
What is the Amazon Injury Policy?
Specific details about their workplace injury policy may require further research or direct contact with Amazon’s human resources or safety department for precise information.
Can I be Fired for Filing a Workers’ Compensation Claim?
Employers are generally prohibited from terminating or retaliating against employees solely for filing a workers’ compensation claim. Employment laws protect workers from such retaliation, ensuring their right to seek compensation for work-related injuries or illnesses without fear of job loss.
These laws prohibit adverse employment actions in response to a workers’ comp claim, such as termination, demotion, or harassment. However, it’s crucial to differentiate between legitimate grounds for termination unrelated to the claim and wrongful retaliation. Instances of employee misconduct or policy violations unrelated to the claim may still warrant appropriate disciplinary action by the employer.
Do I Need a Lawyer to File a Claim?
No, you do not need a lawyer to file an Amazon workers’ comp claim. While not mandatory, consulting with a lawyer before filing a claim is highly recommended. Workers’ comp attorneys can review your case and identify factors you may have overlooked.
If your case is complex, involving intricate legal or medical issues, legal representation can be advantageous. Workers’ comp lawyers understand the system’s complexities, relevant laws, and can accurately assess the value of your claim.
An experienced workers’ comp attorney ensures compliance with requirements, gathers evidence, and can help you present a strong case. Severe injuries or long-term impairments warrant legal support to protect your rights and maximize potential recovery.
Attorneys specializing in workers’ compensation law have expertise in navigating the complexities of the system, understanding relevant laws and regulations, and assessing the value of your claim accurately.
Get in Touch With a Lawyer
LawLinq is here to assist you if you have any questions involving Amazon workers’ compensation claims. We understand the daunting nature of the legal process, particularly when it involves workplace injuries and the complexities of workers’ compensation law.
With our extensive network of skilled attorneys specializing in workers’ compensation cases, we can connect you with professionals who possess in-depth knowledge of this area of law.
Our attorneys have a proven track record of handling similar claims and are well-versed in the intricate laws and regulations surrounding workers’ compensation.
We can connect you with a dedicated advocate who will support you throughout the entire process. They will attentively listen to your concerns, analyze the details of your case, and offer personalized advice tailored to your unique circumstances. Their expertise and experience will enable you to comprehend your rights, assess the viability of your claim, and determine the most suitable course of action.
If you were injured on the job at Amazon and are considering filing a claim, LawLinq is here to simplify the process and connect you with an experienced attorney who can guide you every step of the way. Contact us to discuss your situation and initiate your journey towards obtaining the compensation and support you rightfully deserve.
