​Experienced ILLINOIS Workers’ Compensation Lawyers
& CHICAGO Injury Lawyers

Attorneys Helping Injured Amazon Workers

We are workers’ compensation lawyers who help workers in the retail/delivery industry in Chicago. Amazon is the most valuable retailer in the world. As with other major employers, there are many Amazon workers who suffer workplace accidents or injuries. In some instances, Amazon workers lose work or otherwise face retaliation for bringing a workers’ compensation claim. If you are an injured Amazon worker, you can consult an experienced Chicago workers’ compensation attorney regarding your legal rights. We may be able to represent you in a claim for workers’ compensation benefits. Under certain circumstances, such as after a vehicle accident, we can also potentially represent you in a third party claim.

Injured Amazon Workers

There are a number of risks with which you may be confronted when working in a warehouse or driving a delivery vehicle. Productivity and efficiency may be valued over worker safety. Often Amazon workers are injured due to overexertion or accidents. They may be forced to work beyond their physical ability and faster than is safe. They may need to rush to meet a delivery deadline and suffer injuries as a result of rushing. Injuries may be sustained due to fatigue and exhaustion. Under other circumstances, Amazon workers may face repetitive motion injuries.

Work injuries can also be the result of slip and falls, falling objects, truck accidents, forklift accidents, equipment failure, poorly lit areas, spilled inventory, or heavy manual lifting. Injuries may also be sustained where company-issued equipment is not effective.

You should not be retaliated against for notifying Amazon of your work-related injuries. If you are punished or treated adversely because you bring a workers’ compensation claim, it is advisable to seek help from an experienced attorney.

No-Fault System

Workers’ compensation is a no-fault system. This means you will not have to prove that your employer or anyone else was negligent in order to obtain important benefits such as temporary total disability, permanent total disability, medical benefits, medical mileage, medical equipment, and vocational rehabilitation. Rather, our attorneys will need to be able to show an arbitrator at the Illinois Workers’ Compensation Commission that you were harmed in a work-related accident.

In some cases, Amazon and its insurer refuse to pay benefits even for acute injuries or death on the job. They may issue a denial, for instance, on the grounds that you have a pre-existing condition. However, you can obtain benefits even if you had a pre-existing condition, so long as it was aggravated or exacerbated by your work for Amazon.

There are situations in which Amazon believes workers are malingering. That is, the company may doubt your work-related injuries are as serious as you say they are. For that reason, its insurer may conduct surveillance after hours. This surveillance may occur in-person. However, it can also occur on social media. You need to be cautious that you follow all of your doctor’s medical advice if you’ve made a claim for benefits. For instance, if your treating physician recommends you no longer lift anything more than 5 pounds due to a disc rupture, you must take care not to do so. Your doctor may also place limits on your ability to go back to work.

Amazon and its insurer may also ask you to undergo an independent medical exam (IME). Despite the name of the exam, your IME may not be conducted using objective criteria. In many cases, IME doctors are retained by insurers because they tend to recommend conservative care or not treatment at all. Moreover, if Amazon’s insurer is suspicious that you are not gravely injured, it may let the doctor know this. The IME doctor and his or her staff may watch how you approach the medical offices and scrutinize your behavior in the office and as you leave.

Amazon Warehouse Worker Injuries

In the Amazon warehouse, workers must select, pack, and put together customer orders for shipping at high speeds and under severe physical stress. This can result in catastrophic or fatal injuries. As a warehouse worker, you may face crushing injuries, broken bones and fractures, repetitive stress injuries, toxic exposures, and more. For instance, if your arm was amputated in an equipment accident, you may be able to obtain benefits not only as a partial replacement for wage loss, but also for the full spectrum of medical care you need. When your injury is work-related or occurs on the job, it can be the basis of a workers’ compensation claim for benefits.

Workers’ Compensation Benefits for Injured Amazon Workers

There are a range of benefits to which you may be entitled if you are injured on the job and can prove an employment relationship. These include reasonable medical care, temporary disability benefits, permanent disability benefits, and vocational rehabilitation. These benefits aren’t taxable. Certain family members of Amazon employees who pass away as a result of work-related injuries may be entitled to death benefits.

Both temporary and permanent disability benefits can be partial or total. Temporary disability benefits amount to 66 2/3% of an injured Amazon worker’s average weekly wage up to the state-mandated maximum. You will only get these benefits once you’ve missed three days of work, unless you miss more than 14 days of work. In that case, the first three days of lost wages are paid also. Permanent disability benefits can be calculated in several different ways. It may be calculated as a scheduled loss, unscheduled loss, or according to a wage differential. It can also be calculated as a disfigurement benefit.

Third Party Claims For Injured Amazon Workers

Workers’ compensation benefits only provide compensation for a worker’s economic losses. In cases involving serious or catastrophic injuries they may not address the full scope of your losses. These benefits may be less than what would be awarded in a personal injury action; however, you need not prove fault in a workers’ compensation claim.

If you are injured in a vehicle accident while on the job, you may be able to bring a third party claim rather than only pursue workers’ compensation benefits. For example, if you are in the warehouse or on the road and struck by a vehicle driven by someone not employed by Amazon, and become paralyzed as a result, you may be able to bring a third party lawsuit against the driver. While workers’ compensation benefits are limited to economic losses, it may be possible to recover pain and suffering, mental anguish, loss of consortium, and loss of enjoyment through a personal injury lawsuit.

Consult a Seasoned Workers’ Compensation Attorney in Chicago

Amazon has distribution and fulfillment centers throughout Illinois. If you’re an injured Amazon worker seeking to obtain workers’ compensation benefits in or around Chicago, it’s wise to consult a seasoned workers’ compensation lawyer. At Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca, we represent injured Amazon workers in Champaign, Rockford, Quincy, and Aurora, as well as Cook, Adams, Sangamon, Kane and Winnebago Counties. We can examine your circumstances to determine whether you also have a basis to bring a personal injury lawsuit. Contact us at 312-724-5846 or via our online form.

 

Additional Information for Injured Amazon Workers

Information for Amazon Flex Drivers