Chattanooga Amazon Workers’ Compensation Lawyers
Strong advocacy for employees who suffer workplace and delivery injuries and illnesses
There are many types of jobs that Amazon workers perform. Generally, there are three main categories of jobs. The first type is the work of unloading, storing, and loading the inventory at Amazon fulfillment centers. The second type involves delivering the products that customers and businesses order from various shops throughout the country. The third type is management and administrative.
Generally, Amazon workers who qualify as employees can file a workers’ compensation claim. Independent contractors normally file a personal injury claim. Most of the people who work at Amazon warehouses/fulfillment centers qualify as employees. In contrast, many Amazon delivery drivers are employees of third-party Delivery Service Partners, while Amazon Flex drivers contract as independent contractors (in Tennessee, status ultimately depends on the multi-factor test). At Wagner Workers Compensation & Personal Injury Lawyers, we have 80 years of experience helping injured and ill workers obtain the medical benefits, temporary disability benefits, and permanent disability benefits they deserve. Call our Chattanooga Amazon workers’ compensation lawyers now to assert your rights.
How can we help?
- What are the different types of Amazon jobs?
- How does job status affect workers’ compensation claims in Chattanooga, Tennessee?
- How does a workers’ compensation claim differ from a personal injury claim?
- What types of injuries do Amazon workers suffer?
- Do you have an Amazon workers’ compensation lawyer near me?
What are the different types of Amazon jobs?
Common desk jobs at Amazon include management jobs, IT jobs, sales, marketing, customer service, human resources, and financial jobs. Warehouse jobs include fulfillment center associates, delivery station associates, grocery warehouse associates, sortation associates, and Amazon Air associates.
Drivers can apply for Flex ‘route’ jobs where the driver is responsible for a specific route, such as picking up the delivery items at a fulfillment center and delivering them to the residents and businesses in specific zip codes. Other drivers may deliver merchandise long-distance between fulfillment centers. Drivers who make deliveries between fulfillment centers often drive large tractor-trailers that can roll over, jackknife, or be involved in accidents for many reasons, such as shifting cargo.
Amazon operates fulfillment centers and delivery facilities in the Knoxville and Nashville regions.
How does job status affect workers’ compensation claims in Chattanooga, Tennessee?
Generally, only employees can file a workers’ compensation claim if they suffer injuries during the scope of their employment. Independent contractors normally file a personal injury claim if they are hurt on the job. Both employees and contractors can file product liability claims if a defective product, such as a forklift, causes harm.
Employee vs independent contractor job status
Don’t assume that just because Amazon says that you’re a contractor, that you’re an independent contractor. Some contractors may still qualify as employees depending on the following factors:
- Who controls your job duties and performance? If Amazon controls the hours you work, when you work, whose equipment or vehicles you use, where you work, and the specific tasks that you perform, those factors suggest that you are an employee.
- Your ability to work for other employers. Generally, if Amazon requires that you be available to work for them full-time, that factor indicates that you are an employee; if you can work for other employers, like other delivery services, that suggests that you are an independent contractor.
- The payment method. If you receive a salary, that payment method indicates you’re an employee. If you receive payments based on the hours you work or the tasks you perform, that suggests contractor status. Likewise, a W-2 suggests you’re an employee, while a 1099 suggests that you’re a contractor.
You can work part-time and still qualify as an employee.
How does a workers’ compensation claim differ from a personal injury claim?
The benefits of filing a workers’ compensation claim are as follows:
- There is no need to prove fault. If you are an employee and you suffer an accident that causes an injury during the scope of your employment, Amazon must pay your workers’ compensation benefits regardless of fault. You do not have to show that Amazon failed to conduct safety inspections, failed to train you, or failed to take other safety precautions to receive benefits. This is a major advantage for applicants.
- You can qualify if you develop an occupational illness. Our Amazon workers’ compensation lawyers file claims for an occupational disease if, considering all causes, the employment contributed more than 50% to cause the condition and it arose primarily out of and in the course and scope of employment.
- You receive temporary and permanent disability benefits.
- Temporary disability. Generally, in Tennessee, workers’ compensation pays disability benefits starting on the 8th day of your disability. If your disability lasts for 14 days or more, you can receive disability pay for the first 7 days. Your disability benefits are typically 2/3 of your average weekly wages prior to the accident. Some caps may apply. If you can work at a lower wage for fewer hours, an adjustment is made to your temporary benefits.
- Permanent disability. At Wagner Workers Compensation & Personal Injury Lawyers, we also seek permanent disability benefits if your injuries or illness prevent you from performing your job. Permanent disability benefits may be full or partial. Examples of permanent injuries include amputation, traumatic brain injuries, paralysis, loss of vision, toxic illnesses, and other injuries and illnesses.
- Your family can receive death benefits. If your Amazon job causes an injury or illness that is fatal, we seek death benefits, which include funeral bills and lost wages – up to certain limits.
Unlike personal injury claims, if you file a workers’ compensation claim against Amazon:
- You cannot seek compensation for your pain and suffering.
- You only receive a portion (about 2/3) of your lost wages instead of 100 percent of your lost wages.
- Workers must select their doctors from a panel of doctors that Amazon provides. Amazon should pay you for the transportation costs to see doctors who are more than 15 miles away.
In workers’ compensation claims, you should be covered for 100 percent of your medical expenses. Personal injury cases allow you to seek your reasonable medical expenses, but recovery can be reduced by comparative fault, so cost coverage is not automatically 100%.
What types of injuries do Amazon workers suffer?
Delivery job injuries
The injuries vary depending on the type of job. Delivery drivers are generally at risk for the same types of injuries that happen when there are car accidents and truck accidents. These injuries include traumatic brain injuries, spinal cord damage, loss of limb, broken bones, burn injuries, internal organ damage, nerve and tissue injuries, back pain, neck pain, and other injuries.
Warehouse injuries
According to the Occupational Safety and Health Administration (OSHA), a 2023 study that examined six Amazon locations found that “Amazon exposed warehouse workers to a high risk of low back injuries and other musculoskeletal disorders.” The types of risks they identified included the following:
- The high frequency with which employees need to lift packages and other items.
- Heavyweight of the items handled by workers.
- Employees awkwardly twist, bending and extending themselves to lift items.
- Long hours required to complete assigned tasks.
Warehouse workers are at risk of the same injuries as delivery drivers. Other common warehouse injuries include:
- Injuries due to overexertion from working long hours
- Falls from ladders and other heights
- Forklift injuries
- Lifting injuries
- Unpacking injuries
- Conveyor belt injuries
- Other equipment injuries
- Loading dock injuries
Repetitive stress injuries, herniated disks, and back and neck pain are common Amazon workplace injuries.
Do you have an Amazon workers’ compensation lawyer near me?
Yes. We meet clients at our office located at 701 Market Street, Suite 310, Chattanooga, TN 37402. We also conduct phone conversations and remote conversations through online platforms. You can contact us 24/7. If your health prevents you from traveling, we’re able to make alternative arrangements to meet with you.
We’ve been fighting for injured workers since 1945.
Contact our accomplished workers’ compensation lawyers now
Employers must prioritize the safety of their workers. Amazon is no exception. At Wagner Workers Compensation & Personal Injury Lawyers, we have the skills and resources to fight large employers like Amazon and their high-priced lawyers. Call our Chattanooga Amazon workers’ compensation lawyers or fill out our contact form today to schedule a free consultation. We also represent clients in Cleveland, Tennessee, and North Georgia.