If you are an Amazon employee and were recently injured on the job, you may wonder, “Can I sue Amazon for an injury at work?” If so, how do you go about suing Amazon for your injury?
Generally, you are limited to seeking workers’ compensation benefits if you sustain an injury at work. However, there are exceptional circumstances in which you may be able to sue Amazon for negligence.
This article discusses the legal landscape and the scenarios that can happen if you are injured while working for Amazon. If you or someone you love is in this unfortunate situation, contact Mehta & McConnell to discuss your rights and options.
North Carolina Workers’ Compensation Laws
We cannot discuss being hurt while working for Amazon without first discussing North Carolina workers’ compensation laws. Like most other states, North Carolina created an insurance system for employees to seek medical and financial benefits for workplace injuries.
With a workers’ compensation system, any claim for an injury sustained while on the job must go through the employer’s workers’ compensation insurance. This generally shields the employer from personal liability and from being sued for injuries their employees suffer while at work.
Workers’ Compensation for Amazon Workers
North Carolina law requires workers’ compensation for Amazon’s employees, such as warehouse workers, office personnel, administrative employees, drivers, and others.
If you qualify, you may be entitled to medical benefits for treating your injury and replacing a portion of your income while recovering. The precise benefits you receive depend on the severity of your injury and the time you need to recover.
Independent Contractor Role
While Amazon employees are entitled to workers’ comp benefits if they are injured while on the job, not everyone working for Amazon is eligible.
An independent contractor is a self-employed individual who works outside the employer’s direct control. As an independent contractor, you typically do not have the same rights and benefits as an employee, including the right to workers’ compensation benefits.
Amazon is the country’s second-largest employer but also employs a substantial number of independent contractors. For instance, while some Amazon delivery drivers are direct company employees, many are contractors. Amazon’s workers’ compensation insurance would likely not cover them in the event of injury.
However, this does not automatically give them the right to sue Amazon for negligence; rather, they may be forced to seek benefits through their own health or auto insurance.
It’s a High Threshold to Bypass Workers’ Comp
While workers’ compensation is generally the exclusive remedy for injured Amazon employees, there are exceptions in which an employee can sue for their injuries. For instance, if the employer’s conduct is grossly egregious or intentional, you may be able to sue the company directly for negligence.
To successfully sue Amazon as an employee, you must overcome an exceptionally high threshold. Amazon’s conduct must go beyond mere negligence and rise to a level of deliberate intent to injure or harm the employee.
How to Sue Amazon as an Employee
If you can successfully argue that Amazon’s business practices, such as insufficient safety training, demanding quotas, or unsafe hours of operation, create a dangerous work environment, you may have a case.
When suing Amazon for injury, you must prove they knew with a high degree of certainty that an injury would occur and ignored the risk. Showing Amazon was aware of a potential risk is typically not sufficient.
A personal injury suit against Amazon will proceed similarly to any other personal injury lawsuit.
Amazon Workers’ Compensation Benefits
If you are worried you won’t receive the benefits or money you deserve if you only file a workers’ compensation claim, don’t fret. With a seasoned workers’ comp attorney on your side, you will get the wage replacement benefits and medical treatment you need and deserve.
What to Do If Hurt on the Job at Amazon
There are four simple steps if you are injured while working for Amazon:
- Seek medical attention,
- Report your injury to your supervisor,
- Document and gather all the evidence you can, and
- Speak to a North Carolina workers’ compensation attorney.
Following these steps will help ensure you have a strong claim later. If you are still trying to figure out where to begin, contact our firm for assistance.
Do I Need An Attorney?
While there is no legal requirement to hire an attorney, when facing a mammoth company such as Amazon, we strongly encourage you to consult an experienced lawyer.
An attorney can help you navigate the process of getting the compensation you deserve, which often requires extensive investigation, legal filings, and court proceedings, which can feel overwhelming and daunting on your own.
North Carolina Attorneys for the Workers
Getting hurt on the job at Amazon is stressful. You may wonder if you are limited to workers’ compensation benefits or if you may be entitled to more. At Mehta & McConnell, our attorneys have over 30 years of combined experience advocating for the injured. Contact us for a free case assessment and let us help put your mind at ease.
Jason McConnell
Jason McConnell is the managing attorney of Mehta & McConnell Injury Lawyers, a Charlotte, North Carolina Workers’ Compensation law firm. In his free time he enjoys playing golf, cooking, traveling and following the UNC Tar Heels and Carolina Panthers.
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