Amazon supports the livelihood of the thousands of Texans employed in its fulfillment centers across the state. However, keeping pace with one of the world’s largest retailers is demanding and often dangerous work for employees.
In this fast-paced warehouse environment, workers frequently suffer painful injuries that can put them out of work and require expensive, long-term medical treatments. On top of everything, navigating Amazon workers’ comp claims is its own challenge. Questions and decisions often overwhelm employees: How do I apply for financial support? Are there limits to the expenses covered?
This blog post will cover what employees need to know about Amazon workers’ compensation claims in Texas. We’ll explain the Texas Amazon workers’ comp policy, what it covers, and other ways injured employees can get financial support.
What Are Common Injuries for Amazon Workers?
Working in a warehouse often involves physically demanding duties for employees. Although each job has different responsibilities, many roles share certain features, including handling packaged products, operating machinery, and standing for long hours.
As a result, warehouse employees are frequently at risk of:
- Slips and trips,
- Falls from ladders,
- Repetitive motion strain,
- Muscle sprain from lifting heavy objects,
- Falling boxes, and
- Injuries from defective or heavy equipment.
Warehouse injuries can take many forms, depending on the situation. Common conditions suffered can include:
- Back sprain,
- Ankle or knee injuries,
- Joint inflammation,
- Carpal tunnel syndrome,
- Neck strain,
- Broken bones,
- Traumatic brain injuries, and
- Amputations.
Amazon workers, in particular, frequently face pressure to maximize speed and meet specific fulfillment quotas expected by the retail giant. This pressure can increase worker stress and the risk of harm for all.
How Do Amazon Workers’ Comp Claims Work in Texas?
Workers’ compensation is a program that helps employees get financial support after an on-the-job injury. Most states legally require companies to carry workers’ compensation insurance in case of workplace injuries.
However, workers’ compensation works differently in the Lone Star State. Texas is the only state in the country that allows companies to opt out of workers’ compensation insurance. Companies who do so are called “nonsubscribers.”
Amazon is one of many nonsubscriber employers in Texas today. Instead of workers’ compensation, Amazon offers injured employees the option to file a claim through its internal alternative benefits program. Amazon’s internal program provides benefits like those included in workers’ compensation insurance coverage, such as medical expenses and wage replacement.
However, these alternative benefits are subject to limits and exclusions that state-regulated workers’ compensation insurance is not. For example, employees seeking medical care through Amazon’s program may be limited in choosing healthcare providers. Additionally, the reimbursement for lost wages through Amazon may be capped at a lower number than the maximum compensation offered through Texas workers’ comp.
For these reasons, Amazon’s alternative benefits program is not a true substitute for the financial and medical support offered by workers’ compensation.
How Else Can I Get Compensation for My Injuries?
Fortunately, employees of a nonsubscriber company in Texas may have another legal option for getting financial support after on-the-job injuries.
If Amazon’s negligence caused you harm, you can file a nonsubscriber personal injury claim to seek compensation for your losses. In Texas, nonsubscriber companies like Amazon don’t receive the liability protections offered to businesses that provide workers’ compensation. This means that workers injured due to Amazon’s mistakes or carelessness can sue to hold the company liable for its harmful negligence.
According to Texas law, Amazon also can’t try to prevent you from recovering compensation by claiming that:
- You are partly at fault for your injury,
- You knew and agreed to the risks involved in the job, or
- Another employee was to blame for your harm.
Nonsubscriber personal injury claims allow employees to potentially receive compensation for additional damages not covered by Amazon’s benefits program or Texas workers’ compensation, including:
- Complete wage replacement—reimbursement for all lost wages and employee benefits due to injuries;
- Future medical bills—ongoing expenses for long-term injury treatment, including prescriptions, occupational therapy, and assistive devices; and
- Pain and suffering—compensation for emotional and psychological damage of an injury.
Ultimately, a Texas employee with a successful nonsubscriber personal injury claims may recover more than they would through an Amazon workers’ compensation settlement.
What Should I Do After an Amazon Workplace Injury?
It’s essential to take action immediately after being hurt on the job to protect yourself and your compensation claim.
Here are the steps Amazon employees should take after being injured at work:
- Report the injury to your supervisor. Your employer should always know if you’re hurt, unwell, and unable to work. Texas law requires all employers, including nonsubscribers, to report any workplace injuries to the Department of Workers’ Compensation.
- Get medical care. It’s critical to seek out appropriate care immediately after you’re hurt. Not only is seeing a doctor important for your health and well-being, but it also ensures proper documentation of your injuries and provides credible medical evidence.
- Document the incident. Collect evidence of the event and take photos and videos of your injuries and where it happened. Get the contact information of any witnesses, and keep a journal recording the mental and physical impact of your injuries in the following days.
- Contact a lawyer. A personal injury attorney is the best resource to help you understand your rights. An experienced lawyer can evaluate your situation, advise you on your options, and support you in your path to recovery.
It’s crucial not to wait too long to take any of these steps—especially contacting a lawyer. There are deadlines in Texas for employees to file nonsubscriber personal injury claims. If you wait too long to take action, you can lose your chance of recovering the compensation you deserve.
Dedicated Advocates for Injured Texans
The attorneys at Kolodny Law Firm have seen too many injured employees struggle to get the care and financial support they need from nonsubscriber employers’ limited benefit plans. Fighting for the compensation you deserve can seem impossible when you’re hurt and recovering from a work injury. That’s where we come in.
Our award-winning legal team has helped hundreds of Texans hold negligent companies accountable for the damage done by their oversights. With the support of our advocates, our clients have secured over $3.5 million in compensation over the past five years. Plus, we don’t charge any fees unless we win you compensation.
Contact our office online or call (713) 532- 4474 today to schedule a free consultation and learn more.
Alan Kolodny is committed to representing injured clients in Texas and throughout the United States. Alan earned his B.A. from Rice University and his J.D. from Southern Methodist University.
He focuses his practice on representing plaintiffs in personal injury cases involving the following matters: maritime and offshore accidents, including those under the Jones Act; automobile and 18-wheeler truck accidents; and industrial site accidents, work-related accidents, and claims for injured railroad workers under the Federal Employers’ Liability Act.
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