Airline Workers’ Compensation

Can a Warehouse Worker Sue an Employer Like Amazon or UPS?

Workers’ compensation is typically the primary legal remedy for injured warehouse workers who were hurt on the job. But it is important to note that it is not the only legal remedy available for injured or mistreated warehouse workers at businesses like Amazon or UPS.

IF you are a ware house worker who was injured while working at Amazon, UPS, or another warehouse your first step should be to file a workers’ compensation claim. Workers’ Comp provides benefits to employees who are injured or become ill as a result of their job. And it does not matter if the employee, the employer, or someone/something else was responsible or “at fault” for the injury.

Workers Comp benefits include medical expenses, lost wages, and death benefits. The benefits are provided regardless of who was at fault for the injury or illness. In California (and most states), warehouse employers are required to carry workers’ compensation insurance to cover the cost of these benefits.

In many cases workers compensation will be a warehouse worker’s ‘exclusive’ (only) legal recourse. However, in some cases, injured workers may also have the right to sue their employer for additional damages.

When a Warehouse Worker Can Sue Amazon, UPS or Other Employer

If the employer’s conduct was particularly egregious, such as intentionally exposing the employee to hazardous conditions, or if the employer intentionally violated safety regulations, an employee may sue the employer for “intentional torts”.

Additionally, if the warehouse workers are misclassified as independent contractors, they may also sue for unpaid overtime, benefits and other rights that are applicable for employees.

It is important for workers to understand that cases other than workers compensation are exceedingly difficult to bring – especially against huge corporations like Amazon and UPS. To understand your specific rights, an injured warehouse employee should seek the advice of an experienced attorney to determine the best course of action for their specific situation.

Cases Where Employees Have Successfully Sued Amazon

There have been several notable lawsuits and legal actions taken against Amazon in recent years. Some examples our attorneys have seen, include the following.

In 2020, Amazon warehouse workers in Alabama filed a federal lawsuit alleging that the company failed to provide them with proper protective gear during the COVID-19 pandemic.

In 2019, Amazon drivers in California and Massachusetts filed a class action lawsuit alleging that the Amazon misclassified them as independent contractors instead of employees, in order to avoid paying them benefits and overtime.

In 2018, a former Amazon employee filed a lawsuit alleging that the company discriminated against her because of her pregnancy.

It is important to note that these are just a few examples and not a comprehensive list of all cases where employees have sued Amazon.

Other Cases Where Warehouse Workers May Sue Their Employer

In addition to filing a claim for workers’ compensation, a warehouse worker may sue their employer for a variety of other reasons.

Discrimination: A warehouse worker may sue their employer for discrimination based on race, gender, age, disability, or other protected characteristics.

Harassment: A warehouse worker may sue their employer for creating a hostile work environment through harassment.

Unlawful termination: A warehouse worker may sue their employer for terminating them for illegal reasons such as whistleblowing, reporting safety hazards or discrimination.

Retaliation: A warehouse worker may sue their employer for retaliating against them for complaining about discrimination, harassment, or other illegal conduct.

Unsafe working conditions: A warehouse worker may sue their employer for failing to provide a safe work environment, such as inadequate training, failure to provide proper protective gear, or failure to address hazards in the workplace.

Unpaid overtime: A warehouse worker may sue their employer for failing to pay them overtime for hours worked in excess of 40 hours per week.

Violation of labor laws: A warehouse worker may sue their employer for violations of state and federal labor laws such as the Fair Labor Standards Act, the Occupational Safety and Health Act, and state wage and hour laws.

It is important to note that these are just examples, and that a warehouse worker would need to consult with an experienced attorney in order to determine if they have a valid claim against their employer for any of these matters.

Workers Comp Attorneys for Warehouse, Amazon & UPS Employees

Working in a warehouse is both strenuous and dangerous resulting in accidents and injuries from lifting, carrying, bending, dropping, and falling objects, warehouse slip and falls, and hi-lo/machinery accidents. And when workers are put under unrealistic quotas and time requirements, the risk of injury is even higher.

Because it is often very difficult for Amazon, UPS and other warehouse worker to collect the workers comp benefits that they deserve, it is strongly recommended that injured employees speak with an aggressive, experienced, and specialized workers comp attorney.

Trying to collect workers comp without an attorney is a “David vs. Goliath” dynamic. But a specialized workers’ comp attorney can help level the playing field – so that employees have the best chance of collecting the maximum workers’ comp benefits for which they qualify.

The experienced Anaheim workers comp attorneys at Cantrell Green have been obtaining benefits for injured workers for more than four decades – fighting even the biggest companies like Amazon, UPS, Disney, and others – to protect worker rights.

If you are a warehouse worker who has suffered a work-related accident, injury, or illness, call Cantrell Green today for a consultation. And take the first step to receiving the workers comp benefits to which you are entitled.

Amazon / UPS / Warehouse Workers Comp Attorneys: 800-964-8047