Texas Amazon Warehouse Injury Lawyers
- Attorney Niles J. Sneed
- 2 days ago
- 11 min read
At Sneed & Mitchell, our attorneys have extensive experience in the complex realm of non-subscriber accidents and have litigated many claims against Amazon. If you were seriously injured or lost a loved at an Amazon Warehouse or Fulfillment Center, our law firm can help you pursue the compensation you deserve.
Please contact Sneed & Mitchell at 866-434-0014 today for a FREE consultation. Our Work Injury Lawyers assist injured employers and visitors to Amazon facilities and serve clients in Houston, Dallas, San Antonio, Austin, all of Texas, and throughout the United States.
At Sneed & Mitchell we have over 50+ years of local experience and 7 and 8-figure settlements and verdicts in work-related accidents. Our law firm is widely recognized as Texas most trusted Work Injury Lawyers and have won several Top Verdict Distinctions for our outstanding work at trial against companies like Amazon. We can make a difference in your life, starting now.
Common Warehouse Injury Accidents in Texas
The severity and nature of an Amazon warehouse accident depend on factors such as the accident’s location, the employee’s task, and the equipment being used.
Here are the most common warehouse accidents that occur at Amazon:
Falls from elevated areas
Collisions with falling objects
Slips, trips, and falls
Exposure to toxic substances
Vehicle or transportation accidents
Strain and overexertion
Electric shock
Explosion related injuries
Injuries from being trapped or crushed
Workplace violence
Faulty tools or equipment
Structure failures
Injuries from heavy machinery
While many of these incidents are accidental and sometimes even unpredictable, a majority of them can be prevented.
Amazon In A Non-Subscriber In Texas
Texas is the only state that allows companies like Amazon to opted out of, or non-subscribe to, the state’s workers’ compensation system, which means that injured employees can't file for traditional, state-regulated workers' comp benefits here. Instead, Amazon provides their workers a private for of benefits plans the law here allow injured workers the option to recover full compensation against Amazon if the company is found to be at-least 1% liable for negligence in causing the accident to occur.
Understanding how non-subscriber law applies here in Texas early alter how your case goes and what recovery options you have. Injured Amazon workers that contact Sneed & Mitchell learn in the first call consultation of their rights and whether they can pursue pain and suffering damages, missed income, medical costs, the value of future surgeries or procedures, and more.
What Benefits Does Amazon’s Accident Insurance Provide?
Amazon’s private insurance benefits are limited and often leave accident victims in a worst position that before the injury occurred. This is also why most hurt employees contact qualified non-subscriber accident attorneys to pursue additional compensation. The limited benefits employees have typically includes:
Incurred Medical Expenses: Covers prescription medications, hospital stays, physical therapy, surgical operations, diagnostic tests, and mobility devices.
Permanent Impairments: If an employee is unable to return to work for an indefinite period, Amazon sends a lump sum payment to compensate for lost wages.
Vocational Rehabilitation: An Amazon program that provides educational support for injured employees who are unable to continue in their previous line of work so they can learn new skills.
Disability Compensation: Recurring payments to replace an employee’s income while they take time off work to recover.
Death Benefits: Provides financial compensation to the families or beneficiaries of the Amazon employee who passed away from a work injury.
Lost Income: Payments made to an employee to make up for the amount of income they lost.
The amount and type of benefits an Amazon employee receives directly depends on the severity of their injury and the period of recovery time.
Compensation Available in Amazon Lawsuits
If you are successful in proving your injuries were caused by the negligence of an Amazon employer, you may be able to receive compensation from the lawsuit such as:
Compensatory Damages
This is monetary compensation for the physical, mental, and financial damages you suffered as a result of your injuries. Both economic and non-economic damages are included in this.
Pain and Suffering: The emotional and physical pain you went through that affected your overall well-being and daily life.
Medical Expenses: The hospital costs, treatment expenses, and recovery costs that were incurred to assess and treat your injuries.
Emotional Distress: The psychological damages from the accident or your injuries that affected your mental health.
Disfigurement: This is the permanent scars and changes to the way certain parts of your body look after an accident or operation for an injury.
Physical Impairments: These are the permanent limitations or paralysis to a certain part of your body.
Lost Wages: This is the income you lost while you were unable to work. It is calculated by using tax returns and pay stubs.
Loss of Earning Capacity: This type of loss happens when your injuries prevent you from earning income in the future.
Punitive Damages
The purpose of punitive damages is to punish the defendant for their actions, rather than award the plaintiff financially. Plaintiffs typically pursue this kind of compensation when the defendant committed intentional moral atrocities against them. The compensation is imposed as a financial penalty on the defendant and involves negative scrutiny by the court. Punitive damages against a corporate giant like Amazon would likely be determined based on the company's net worth or financial resources to ensure the punishment is appropriately administered.
To receive punitive damages, you must be able to prove that the defendant was deliberately malicious. The process of gathering this kind of evidence can be time-consuming and challenging, so it is recommended that you consult an attorney to advise and assist you.
What If The Company Denies My Work Injury Claim?
If Amazon denies your claim, you may have grounds to file a lawsuit against them if they deny it for invalid or incorrect reasons. You also have the right to appeal their decision by contacting their human resources department. Both of these options will require you to collect substantial evidence to support your claim, so it is recommended that you consult an attorney before doing so. An attorney will correspond with doctors, experts, and witnesses to gather records and documents, guide you through the claims process, and negotiate on your behalf with Amazon.
It’s not uncommon for Amazon to deny claims based on false pretenses. If you had a prior condition in the same part of the body where you’re claiming new injuries, they may argue that those injuries were pre-existing. They also may shift the liability onto you or a third party to avoid the responsibility of a payout. Other reasons why Amazon denies claims include lack of policy coverage, incomplete or inaccurate paperwork, suspicions of fraud, lack of medical records, or delayed medical treatment.
If Amazon denied your claim, contact Sneed and Mitchell LLC at (866) 434-0014. Our attorneys will walk you through the steps you need to take and provide you with expert legal advice and support.
Common Causes of Warehouse Accidents That Results In Personal Injury Lawsuits
Identifying the root causes and contributing factors of an accident can help establish who is responsible. If an accident can be linked to a negligent employer, manufacturer, or contractor, an Amazon employee has the right to file a lawsuit against that individual.
Here are the most common causes of Amazon warehouse accidents:
Slippery floors caused by uncleaned spills
Excessively fast work paces
Missing guardrails
Repetitive physical motions
Exposed electrical outlets
Defective equipment
Lack of safety gear
Improper employee training
Overloaded forklifts, shelves, or racks
The majority of Amazon warehouse accidents are caused by negligence. This occurs when one person fails to fulfill a duty owed to another, directly resulting in injuries to the individual they are responsible for.
Amazon Warehouse Injury Rates and Statistics
These rates and statistics show the extent and prevalence of worker injuries in Amazon warehouses.
In 2020, there were 5.9 serious injuries for every 100 employees working in Amazon warehouses.
Amazon’s warehouse injury rate in 2020 was 6.5 per 100 full-time employees, more than double Walmart’s rate of 3 per 100 (FTEs).
A 2023 survey revealed that 41% of Amazon employees reported experiencing injuries while on the job.
To recover, injured Amazon employees needed an average of 46.3 days, which is approximately a month and a half.
The recovery time for injured Amazon workers exceeds the average recovery period for workers in the overall warehouse sector by a week, and is 2 weeks longer than the typical recovery time for employees with lost-time injuries.
69% of Amazon workers had to take unpaid leave because of pain or fatigue from their job duties according to a 2023 report.
Amazon's rate of serious injuries was 2.6 per 100 full-time employees (FTEs), more than 2.5 times higher than Walmart's rate of 1 per 100 FTEs.
52% of Amazon workers reported experiencing burnout from their tasks in 2023.
These statistics highlight alarmingly high rates of injuries and widespread reports of fatigue and physical pain. This data indicates that Amazon’s pursuit of increased speed and productivity is often at the expense of its workforce.
Common Amazon Warehouse Injuries
Working in a warehouse such as Amazon comes with many challenges and risks. Employees operate complex machinery and equipment, lift heavy objects, organize packages, and stack products from elevated heights on a consistent basis.
The most common Amazon warehouse injuries include:
Neck and spine injuries
Tissue and nerve damage
Traumatic head injuries
Joint displacements
Crush injuries
Burn injuries
Hearing loss or damage
Limb amputations
Vibration induced conditions
Limb impairment
Many of these injuries occur because these tasks are carried out continuously without adequate breaks. Prolonged exposure to specific elements or repetitive motion of certain body parts can gradually weaken them over time.
Are Worker Injury Rates Lower in Amazon’s Robotic Facilities?
Despite Amazon’s claims that its newest technology advancements are designed to improve the safety of the workplace, the Strategic Organizing Center’s data proves otherwise. In 2012, the company purchased Kiva robots to help employees stow and organize products in a faster manner. However, instead of making their jobs easier, the robots sped up the pace of the workers’ production. The newly installed technology surveils the speed at which workers complete their tasks by tracking the amount of time it takes for them to store an item and start on the next. If there is too much time recorded between tasks, the system will label it as “time off tasks.” The computer notifies the employers of these workers who have excessive time off tasks, which often leads to them being punished or even terminated.
The constant, repetitive movements, along with the speed at which they are performed, have caused a variety of injuries in Amazon workers. In 2019, Amazon’s robotic facilities reported a serious injury rate of 7.9 for every 100 workers, which was 54% higher than the rate of non-robotic facilities during the same year. Over a four-year period between 2017 and 2020, Amazon’s injury rates remained consistently higher at robotic facilities than non-robotic ones by an average ratio of 2.5.
Amazon is a Non-Subscriber in Texas
Amazon employees across the U.S. depend on workers' compensation for coverage after a workplace accident, but what options are available for those whose employers don’t provide workers' comp? Texas is the only state in the nation that does not require companies to provide workers’ compensation, a policy Amazon has leveraged to its benefit.
As a non-subscriber in Texas, Amazon's claims and benefits process differs from that of traditional workers' compensation insurance. Injured employees must go through the company’s claims management administrator, Sedgwick, for their claims to be reviewed and settled. The adjusters at Sedgwick often use immoral tactics disguised as simple questions or investigations to trap employees into giving them information that can be used against them later on. Amazon relies on Sedgwick to handle their claims but also expects them to work in their best interests, which is usually at the expense of those who are injured.
While non-subscriber companies like Amazon may try to evade accountability for harmful practices, they are actually more susceptible to lawsuits compared to businesses that participate in workers' compensation programs. In fact, if an employee can prove that Amazon was liable for their injuries by even 1%, they may be able to sue them for negligence.
Fatalities in Amazon Warehouses
Many fatalities that occur within Amazon warehouses are caused by an employer or supervisor’s negligence. If the accident could have been prevented, there’s a good chance that a claim can be made against those in charge of Amazon’s operations. If someone you love died while on duty at Amazon, you may be eligible to receive compensation for the following:
Burial and funeral costs
Weekly income replacement benefits
Lost employment benefits
Loss of parental and household services
Emotional distress
Loss of consortium
If you or someone you love has experienced a wrongful death and want to learn more about what you can do to claim compensation for your loss, call (866) 434-0014. Our attorneys at Sneed and Mitchell are compassionate and experienced and will guide you through our claims process.
OSHA Holds Companies Accountable For Unsafe Workplaces
The Occupational Safety and Health Administration (OSHA) holds companies like Amazon accountable for their workplaces. To monitor workplace safety, OSHA requires employers to document any workplace injuries or illnesses that are severe enough to require medical treatment beyond first aid by using the form DWC Form-007. OSHA also inspects workplaces that are reported to be unsafe or harmful by employees or customers.
Under OSHA law, Amazon has the following responsibilities:
Maintain a Safe Workplace: Ensure the workplace is free from significant identifiable risks and complies with OSHA standards. Consistently inspect workplace conditions on a regular basis.
Operating Procedures: Create or revise operational procedures and effectively communicate them to guarantee that employees adhere to health and safety rules.
Safety Training: Provide training in a language and terminology employees can comprehend. Employees must be provided with safe functional tools and equipment that are consistently maintained.
Hazard Communication: Written hazard communication plans must be established in workplaces handling hazardous chemicals to educate employees about potential risks. Use safety labels, warning indicators, bright signage, or color codes to alert employees to potential risks.
OSHA Notices: OSHA posters must be placed in a visible location to educate employees about their rights and duties. Display OSHA citations near the work area until all issues are resolved or for a minimum of three working days. Also, post any abatement verification documents.
Incident Reporting: All fatalities must be reported within 8 hours, and all amputations, hospitalizations, and eye injuries must be reported within 24 hours.
Amazon employees have the right to report hazardous workplaces directly to OSHA by calling them at 1-800-321-OSHA, filing an online anonymous complaint, or mailing or emailing the complaint form to a local OSHA office near them.
Amazon’s Tactics to Reduce Worker Compensation Claims
By downplaying employee injuries and sending them back to work, Amazon reduces the amount of worker compensation claims they have. Amazon has implemented on-site clinics with healthcare providers that are employed by Amazon Care (AmCare) and Crossover Health. Although Amazon claims these services are designed to provide hybrid medical care to ensure the health of its employees, the services are often easily controlled and manipulated by its physicians who may try to downplay injuries to return employees to work quickly.
In an investigation performed by WIRED magazine, Amazon employee Jennifer Crane was told to “get back to work” after being diagnosed with a minor sprain by AmCare clinic staff after lifting a heavy object. Despite her plea to her employer to send her to a licensed doctor, they instead assigned her a less physically demanding task. After seven weeks of dusting the Amazon warehouse, she was finally able to get a proper diagnosis from a doctor, who revealed she had torn a ligament in her wrist. Crane’s treatment by Amazon’s healthcare providers demonstrates the company’s prioritization of productivity over employee health.
Amazon’s Violation of OSHA Standards
Amazon has received violations from OSHA for failing to document work injuries, neglecting to provide safety equipment to employees, and mismanaging employee medical needs. In April of 2023, OSHA found that Amazon’s on-site clinics jeopardized the health of its employees by failing to provide adequate treatment. One Amazon warehouse in New York was caught sending employees with severe injuries back to their tasks instead of referring them to medical professionals, exacerbating their injuries and potentially causing long-term damage. In 2023, OSHA issued six citations across eight Amazon warehouse facilities, along with warning letters highlighting AmCare's failure to properly address employee injuries.
How Our Amazon Accident Attorneys Can Help An Injury
At Sneed and Mitchell LLC, our attorneys recognize how Amazon workplace injuries can hinder or discourage workers from pursuing legal action against their employer. That’s why our services are designed to bear the weight of the legal work on behalf of our clients. Our attorneys gather evidence, collaborate with experts, negotiate with Amazon insurers, and fight to win you the compensation you deserve. Call (866) 434-0014 to discuss your Amazon accident with one of our lawyers during a free case consultation.
