Amazon Accident FAQs - Texas Injury Claims and Lawsuits
After an injury involving Amazon, whether you’re an employee injured in a warehouse, a consumer harmed by a defective product, or someone involved in an accident with a delivery driver, it’s natural to have questions. Who is responsible? Does Amazon have liability insurance? Can I file a claim or civil lawsuit to recover my medical expenses, lost wages, and other damages?
These questions are commonly asked by potential clients here in Texas, and we are here to help. This FAQ guide is designed to answer your questions, clarify your rights, and help you understand the steps to take to secure the compensation you deserve against Amazon.
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Frequent Questions Asked By Injured Amazon Employees
We know that getting injured while working for Amazon is both stressfully and overwhelming. Our Personal Injury Firm has answered hundreds of urgent questions about workers' compensation, medical benefits, job security, and the legal rights to compensation here in Texas. Whether the injury occurred in one of the 20+ warehouses and fulfillment center across our state, or while your were on a delivery route, or in a corporate setting, knowing how to navigate Amazon’s claims process and workplace injury policies is critical to being able to rebound after this setback. Many injured employees wonder if they qualify for workers' compensation, how to file a claim, what medical treatments are covered, and whether they can return to work. This is where we step in.
Does Amazon Have Workers’ Compensation Insurance In Texas?
No, Amazon is a non-subscriber to the Workers’ comp program here in Texas. Instead, Amazon uses a claims management company called Sedgwick to handle their claims. Amazon employees can still get their claims covered and receive benefits, but they differ from workers’ compensation benefits.
What Are the Dangers of Working at Amazon?
Amazon’s work environment presents a variety of dangers, including delivery truck collisions, falling objects, heavy machinery incidents, slips and falls, repetitive strain injuries, and more. Amazon warehouses hold millions of products that can harm employees if they are improperly secured on shelves or incorrectly handled. Spilled liquids or objects left in heavily trafficked areas can lead to workers slipping and falling. Warehouse workers often have to repetitively lift, carry, or organize Amazon products, which can lead to musculoskeletal disorders due to the continuous strain of the same body parts. Amazon delivery drivers can get hit by other reckless drivers on the road or hit someone themselves if they are in a rush to deliver packages.
Can I file a civil lawsuit if workers’ compensation isn’t enough?
Yes, you may have grounds to file a lawsuit for a workers’ compensation claim if a third party was partially responsible for your work accident. Examples of third parties include contractors, negligent drivers, manufacturers of defective products, pedestrians, and maintenance providers. To receive compensation through a personal injury claim, you must be able to prove that the third-party defendant was directly responsible for causing your injury and that the accident would not have happened but for their actions.
How long do I have to file a claim after an injury or accident involving Amazon?
Here in Texas you usually have two years after the accident to file a personal injury lawsuit against Amazon. But, companies that are non-subscribers often get employees to sign arbitration clauses reducing your time frame to only one year! So, if you have been injured as an Amazon employee, you should contact a workplace accident lawyer immediately.
What evidence do I need to support my employee accident claim?
To support your Amazon claim, you need tangible or visible evidence that shows the extent of your injuries, any communication with the defendant, the location of the accident, proof of medical expenses, your property damage, and any contributing factors that caused the accident. This evidence can be obtained by taking clear pictures and videos, keeping track of medical bills and doctors’ notes, and saving all communication between you and the Amazon administrator.
Do I need a lawyer for an Amazon employee injury claims?
While you may be able to handle a minor claim on your own, it is recommended that you consult with an experienced lawyer for complex claims. This is to ensure that you receive legal guidance, advice, and protection throughout the claims process. A lawyer can also negotiate on your behalf with Amazon and its insurers.
What should I avoid doing after an injury or accident?
After an Amazon work injury, you should avoid delaying medical treatment, participating in activities that could worsen your injury, posting on social media platforms, signing settlement agreements alone, or allowing insurance adjusters to record your statements. These things could potentially be used against you to lower your settlement or invalidate your claim.
What Is A Lawsuit Against Amazon Worth?
The value of an Amazon case depends on several factors such as the nature of the claim, the severity of the injuries, the unique circumstances of the case, and the legal jurisdiction. For less serious cases, the settlements are often in the tens of thousands of dollars range. For the more complex and severe cases, the settlements range anywhere from hundreds of thousands of dollars to millions for gross negligence. Amazon has been a defendant in numerous cases around the nation involving multi-million dollar verdicts. Many of these cases are based on negligence within Amazon’s delivery operations.
These are the factors of a claim that affect the value of a personal injury lawsuit against Amazon:
The Severity of the Injury: The severity of your injury will dictate the type of treatment needed, the medications prescribed, whether physical therapy is necessary, if assistive devices are required, and the future course of treatment.
Liability: Your percentage of liability will determine how much of a settlement you will be able to receive. The more you are to blame for your accident, the less you will be able to recover. This is because Texas uses a comparative fault system, which reduces a plaintiff’s compensation by their percentage of liability, excluding them from access to compensation if they are 50% or more liable.
Medical Expenses: The value of your claim will be determined by the amount of medical expenses you have incurred toward your injury. These expenses include diagnostics, surgeries, prescription medications, physical therapy, in-hospital stays, and any other medical treatment you receive to help you recover from your injuries.
Lost Wages: The amount of wages you lost while taking time off work to recover can be included in your settlement. To obtain an accurate estimate of these lost wages, you will need to gather your paystubs, calculate your missed work days, and consider any lost benefits, such as lost raises, bonuses, commissions, or retirement contributions.
Pain and Suffering: This is often calculated by taking the combination of the number of days your injury has caused you pain along with the emotional or mental suffering it has inflicted.
How Do I Find An Attorney That Handles Accident Claims Against Amazon?
You can find an attorney who handles accident claims against Amazon by contacting an experienced personal injury lawyer like Sneed and Mitchell LLC at (866) 434-0014.
What Is The Cost Of Hiring A Personal Injury Attorney?
There is no definitive cost to hire a personal injury attorney, as they all use different payment structures and fee systems. The cost of hiring an attorney varies depending on factors such as their fee structure, percentage rate, experience, location, and the case's complexity. Most personal injury lawyers work on a contingency fee basis, but some work based on hourly rates, flat fees, or retainer fees.
Can Sneed & Mitchell LLP Represent Me In My Claim Against Amazon?
Yes, our Amazon Accident & Injury Team has helped many people secure full compensation against Amazon for their injuries and losses. Our trial attorneys have over a century of combined experience and have presented clients in Austin, Houston, Dallas, San Antonio, and every other city in Texas.
If you or a loved one were injured by an Amazon delivery driver or were hurt as an employee call 866-434-0014 to speak with a workplace accident lawyer now. Or, fill out our contact form and one of our personal injury lawyers will call you now for a free and confidential conversation. Remember, we handle all cases on a contingency basis, so you owe no attorney fees until we are successful on your case.
Our team is also bilingual. If you need a Spanish-fluent accident attorney near you, give us a call. We are here to help.
What should I do immediately after an injury at an Amazon warehouse?
You should immediately notify your Amazon supervisor or employer about your injury, take pictures and videos of any evidence, document the location and time the accident took place, obtain the information of those who witnessed your accident, and seek medical attention.
Am I eligible for workers’ compensation if I get injured at work?
Yes, the majority of Amazon employees who get injured at work are eligible for compensation through workers’ compensation, which provides lost income and medical expense benefits. However, if you live in Texas, your claim will go through Amazon’s claims management administrator, who handles claims on their behalf.
Why is it Hard for Amazon Workers to Receive Workers’ Comp?
It can be hard for Amazon workers to receive workers’ compensation because Amazon has implemented methods such as on-site clinics and light-duty tasks for injured workers in an attempt to reduce the number of claims filed. Even once a workers’ comp claim is filed, they often try to use their adjusters to downplay worker injuries to reduce or completely eliminate their payout.
What happens if my injury was caused by unsafe working conditions?
If your injury was caused by unsafe working conditions, you have the right to file a lawsuit against your employer or supervisor on the basis of negligence. You may receive a settlement if you are successful in proving your injury was directly caused by Amazon’s actions or inactions.
Can I lose my job by filing a workers’ compensation claim?
No, you can not lose your job by filing a workers’ compensation claim for your work injury, as it is illegal for employers to retaliate against you for exercising your legal right. If they do fire you for this, you have the right to sue them for wrongful termination.
What if I’m unable to return to work because of my injury?
If you are unable to return to work because of your injury, you may be entitled to disability or future lost wage benefits. Disability benefits are determined by your previous salary at your job and sent via check or deposit every month. Your future lost wages are calculated based on your pre-injury earnings, the duration of time you’ll be unable to work, and your lost potential for career advancement.
Why Is It So Hard for Amazon Employees to Receive Appropriate Medical Treatment and Monetary Compensation?
To reduce liability, Amazon and other large retailers frequently hire workers through temporary staffing agencies, complicating the process of obtaining workers’ compensation benefits. By transferring responsibility to these agencies, Amazon makes it significantly harder for injured employees to access necessary medical care and financial compensation. Employees are usually only entitled to a portion of their usual wages under Amazon’s benefit plan. Additionally, Amazon facilities in Texas manage their claims through a third-party claims administrator called Sedgwick, who is known to make it difficult for employees to receive the full amount of compensation they are entitled to.
Should I Get a Workers Comp Attorney if I Got Hurt While Working at Amazon?
Yes, you should get an Amazon workers’ compensation attorney such as Sneed and Mitchell LLC. Our lawyers are experienced at negotiating with Amazon and tackling complex personal injury claims. Call us at (866) 434-0014 or complete our online form to connect with one of our award-winning attorneys.
Amazon.com Product Related Accident Questions
Being hurt by a product you purchased through Amazon.com is both physically and emotional devastating. We purchase items through the online market place in hopes that the items makes our lives better, but this unfortunately is not always the case. Understanding Texas' product liability laws, Amazon’s policies, and consumer protection rights are essential when seeking compensation for injuries caused by defective electronics, unsafe household goods, or mislabeled products. At Sneed & Mitchell LLP, we have done all the research for you. The questions below also answers the most frequent questions we're asked by injured consumers about product-related accidents on Amazon.com.
What should I do if I’m injured by a defective Amazon product?
If you are injured by a defective Amazon product, discontinue using it immediately and take pictures and videos of your injuries, any product defects, the labels or missing labels on the product, and your receipts. Gathering documentation of these things will strengthen your case, as they are vital pieces of evidence.
Can I sue Amazon if a product sold on their platform injured me?
It depends. While Amazon often claims it’s just a marketplace, courts have found that here in Texas the company is not considered a “seller” if it did not manufacture the item in question. So, Amazon can only be held liable if it is their product that caused the injury. A product liability attorney can evaluate your situation to determine your potential course of action.
Who is responsible if a third-party seller’s product causes harm?
The third party who manufactures the harmful product is typically the one responsible for an injury. However, Amazon may be held liable for the damage because they are expected to monitor and oversee third-party sellers on its platform, ensuring they adhere to guidelines for designing safe products.
What kinds of damages can I recover in a product liability claim?
You may be able to recover damages for things such as medical expenses, lost wages, pain and suffering, and other losses in a product liability claim. The amount and type of damages available to you depend on the complexity and severity of your claim.
Questions Asked By People Injured by an Amazon Delivery Driver
If you have been injured in a crash involving an Amazon delivery drivers, contact Sneed & Mitchell LLP today by calling 866-434-0014. We can assist you immediately and answer any questions or concerns you have. These collisions, whether with a Prime Car, Deliver Truck, or Cargo Van, often leave victims with serious injuries, high medical bills, and countless questions about liability, insurance claims, and their right to seek compensation against the Amazon. Below are a few of the questions victims often ask our attorney during our free consultations.
Who is liable if I’m hit by an Amazon delivery truck or driver?
Liability is determined by the Amazon delivery driver's employment status and whether they were actively making deliveries at the time of the accident. If the driver was off duty when the accident occurred, they may be held personally responsible. However, if the driver was performing tasks assigned by Amazon, the company could be held liable for the incident.
What should I do after being involved in an accident with an Amazon driver?
You should immediately call 911 and request medical treatment after being involved in an accident with an Amazon driver. This is to ensure the accident is officially documented, and your injuries are assessed and treated as soon as possible. You should take as many pictures and videos as you can of the damage to both vehicles, tire marks, debris, injuries, landmarks such as signs and street names, and any other evidence you find.
Does Amazon Cover Car Accidents in Texas?
Yes, Amazon, through the DSP program requires that all drivers maintain a liability policy of at least $1,000,000 dollars.
What Is The Amount of Amazon’s Auto Insurance Policies?
All delivery drivers for Amazon are provided, or must maintain, auto insurance liability coverage of at least $1,000,000, which includes uninsured motorist/under-insured motorist coverage, and contingent comprehensive and collision coverage.
Does Amazon Have Insured For Amazon Flex Drivers?
Amazon Flex Drivers are covered by Amazon's Commercial Auto Insurance Policy, which is free coverage extended to its drivers and provides auto liability coverage up to $1 million per incident.
What Are The Insurance Coverage Limits For Amazon Relay Drivers?
Amazon Relay Drivers are required to maintain a general liability policy of no less than $1,000,000 per occurrence, including trailer replacement coverage of no less than $50,000, and cargo coverage of at least $100,000.
Do Amazon Delivery Drivers Work Directly For Amazon?
No, Amazon drivers are independent contractors. through a third-party logistics company called Deliver Service Partners (DSPs). These companies are independent businesses that partner with Amazon to deliver packages. The DSP program started in 2018 and now has more than 4,400 thousand independent companies helping fulfill Amazon.com’s delivery jobs.
Are Amazon drivers employees or independent contractors?
Amazon classifies its delivery drivers as independent contractors rather than employees. This classification means that drivers are not part of the direct workforce employed and paid by Amazon.
Can I file a wrongful death lawsuit against Amazon if a family member is killed in a fatal truck accident?
The Texas Wrongful Death Act allows surviving relatives such as spouses, parents, and children to file a wrongful death lawsuit against Amazon to seek compensation for their loss. These damages usually cover funeral costs, financial strains, and emotional suffering from the unexpected death. The Amazon worker’s estate has the right to seek damages for other beneficiaries if no relative files a claim.
What if the Amazon driver was negligent or speeding?
The Amazon driver’s percentage of liability will be increased if they are found to have been negligent or speeding when they hit you. The higher their percentage of liability, the stronger your case becomes and the more compensation you can receive.
How do I file a claim with Amazon Flex?
To file a claim with Amazon Flex, contact the insurance company listed on the accident report or email amazonflex-support@amazon.com. Or, contact Sneed & Mitchell LLP by calling 866-434-0014, and one of our attorneys will help you through the claims process and represent you in your claim for compensation for your injuries and losses.