Amazon Workers Compensation: Claims, Settlements, and FAQs

Recently, Amazon built two new facilities in Virginia Beach to fulfill and deliver orders. This has led to the creation of more than 1,000 jobs, many of which are in Amazon warehouses. Given the nature of this work, many Amazon employees may find themselves suffering on-the-job injuries.

If you are hurt while working at Amazon, you can file a workers’ compensation claim. Through a workers’ comp claim, you can receive benefits for medical treatment, lost wages, and disability. Our law firm has specific experience working with injured workers to help them get the benefits that they are entitled to from massive corporations like Amazon and their insurers.

At Poole, Brooke, Plumlee, we are fierce advocates for our clients. We help injured workers get the compensation that they deserve and never charge a fee unless we recover benefits for you. To learn more or to schedule a consultation with a Virginia Beach workers’ compensation lawyer, contact our law offices today.

How to File an Amazon Workers’ Compensation Claim

At Amazon, employees like warehouse employees, stockroom employees, or inventory management perform tasks that involve lifting and carrying objects that can be heavy or awkward. Any type of injury that occurs at work or because of your job duties could be the basis for a workers’ comp claim. If you have an injury or work-related illness that keeps you home from work or that requires medical care, it is probably a good idea to file a claim.

Amazon warehouse workers often suffer from musculoskeletal injuries, including strains and sprains that are caused by repetitive motions. Many Amazon workers also suffer one-time injuries, such as slip and falls, overexertion, cuts, burns, abrasions, and contact with objects and/or equipment. Some workers even develop conditions related to exposure to hazardous chemicals, such as cleaning solutions.

If you are hurt on the job – or are diagnosed with an occupational illness – you should report your injury to Amazon as soon as possible. In Virginia, injuries must be reported to your employer within 30 days of the incident and occupational illnesses must be reported within 60 days of diagnosis. 

Amazon should give you an incident report to complete. They will then file the report with their workers’ compensation insurance company, Sedgwick. Amazon must also report the injury to the Virginia Workers’ Compensation Commission.

For injured workers, the next step is filing a claim form with the Workers’ Compensation Commission – which is separate from reporting the injury to Amazon. You must file this form within 2 years of the date of your injury or illness. Filing a claim form as soon as possible is the best way for injured workers to assert their rights, request benefits, or request a hearing. 

A hearing is not necessary in all cases. However, if Amazon determines that you are not eligible for compensation benefits, cuts off your benefits, or challenges a treatment prescribed by your doctor, then you may need to go before the Commission to request an award of benefits. If necessary, you can appeal the Commission’s decision.

The workers’ compensation claims process can be confusing and can be full of legal technicalities. If you have questions about your right to file a claim, a Virginia workers’ comp lawyer can help. Reach out to Poole, Brooke, Plumlee today to learn more or to schedule a free consultation.

Settlements in an Amazon Workers’ Comp Case

After you file a workers’ compensation claim form, with the Commission, you will be notified if your claim is accepted. If so, then you will get an Award Agreement. You will receive lost wage benefits – equal to up to  ⅔ of your normal salary – within a few weeks and your medical bills will be submitted to the insurance company. After you have reached maximum medical improvement (MMI), then you will be released to return to work.

Workers compensation insurance companies most often allow a claim for cases involving relatively minor losses. For example, if your injury is minor, you don’t have significant medical expenses, and you don’t need to take much time off of work, then your claim will probably be accepted.

However, if you have a more complicated or expensive claim, then Amazon’s insurance company may contest the claim. They may be slow to approve medical treatments or request a functional capacity evaluation (FCE) to determine what job duties you can and cannot perform. In this situation, you may need to go to a hearing before the Commission – represented by a seasoned Virginia workers’ comp attorney.

Before going to a hearing, it may be possible to work out a settlement with Amazon. There are a few types of workers’ compensation settlements in Virginia:

• A full and final settlement involves a single lump-sum payment to resolve your claim. You cannot seek further benefits from Amazon for this injury with this type of settlement.
• A structured settlement involves receiving payments for an agreed-upon amount of money for a specific number of years. With a structured settlement, you cannot seek future benefits once the terms of the agreement have been fulfilled.
• A lump-sum payment for indemnity with open medical benefits is a type of agreement where you receive a single payment for your lost wages and the insurer agrees to pay future medical bills related to the work injury. With this agreement, you will give up your right to disability benefits and vocational retraining after you receive your lump sum payment.
• A full and final settlement with a workers’ compensation Medicare set aside (WCMA) can be signed if you have Medicare at the time of your injury. Your employer will pay you a lump sum settlement and then fund a WCMSA to pay for future medical bills. 

Because workers’ comp settlements involve giving up certain rights, it is important to talk to an experienced Virginia Beach workers’ compensation attorney before signing any documentation. Our legal team will advocate for your rights and help you get maximum compensation for your injuries.

Understanding Virginia Workers’ Compensation Claims

In Virginia, employees who are injured or who develop an occupational illness at work can seek benefits through the workers’ compensation system. Employers in Virginia – including Amazon – are required to carry workers’ compensation insurance. When an employee suffers an on-the-job injury, they can then seek workers’ compensation benefits for their medical care, lost wages, and more.

Workers’ compensation is a no-fault system. This means that injured workers are not required to prove that their employer did anything wrong in order to receive benefits. If they were hurt at work, then they can file a claim for:

1. Medical expenses related to treatment of the injury or illness, including medical bills or out-of-pocket expenses for prescriptions and transportation or mileage;
2. Lost wages for temporary total partial disability;
3. Compensation for the permanent loss or loss of use of a body part (permanent partial disability); 
4. Permanent total disability benefits for loss or loss of use of both hands, arms, feet, legs, eyes or if paralyzed or disabled from a severe brain injury;
5. Vocational rehabilitation; and/or
6. Death benefits for cases where an employee died from an occupational injury or illness.

Wage replacement benefits may also be subject to a cost of living adjustment (COLA) if their combined workers’ compensation benefits and Social Security earnings are less than 80% of their pre-injury earnings.

Because workers’ compensation is no-fault, workers do not have to submit evidence that their employer did something wrong. However, it is also an exclusive remedy. This means that – in most cases – injured workers cannot sue their employers. There may be some situations, such as a third party causing your injury, where you can file a personal injury lawsuit to recover financial compensation for your losses.

Another important aspect of workers’ comp is that all employees are covered by it – but not independent contractors. Amazon tends to hire a fair number of part-time, temporary, and seasonal employees in addition to its full-time staff. If you are employed by Amazon – even if it’s just for the holiday season – you can file a claim with the company if you suffer a workplace injury.

Hurt on the Job at Amazon? We Can Help.

With two new Amazon facilities in Virginia Beach, there are a lot of new jobs available. Unfortunately, many of these jobs include the possibility  of work-related injuries. If you are hurt while working at an Amazon warehouse or office, we can help. Our law firm will fight for your right to the best possible workers’ comp settlement.

Based in Virginia Beach, the attorneys of Poole, Brooke, Plumlee have deep ties to the community. We have dedicated our careers to advocating for people and helping them navigate the legal system – including through the workers’ compensation system. To learn more or to schedule a free consultation with a Virginia Beach workers’ compensation lawyer, give us a call at 757-499-1841 or fill out our online contact form.