A “PRIME” DAY TO GET HURT AT WORK? INJURED WORKERS IN THE NEWS #125

July 18, 2024 Edward Singer

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A news account reported that Amazon’s Prime Day event is a major case of injuries for United States’ Warehouse Workers.  This revelation comes from findings made from a year-long Senate committee investigation.
Two things within the report were interesting.   The first was: : “During peak seasons, the company skirts and sometimes even
outright ignores critical safety protocols. One worker’s Prime Day experience shows how dangerous the company’s disturbing culture of “constantly bypass[ing] safety in favor of productivity”  Senate Interim Report
Also, it report noted: “Critically, although Amazon’s total injury rate includes minor injuries, such as bruises and superficial cuts, it also includes serious injuries, such as torn rotator cuffs and concussions, which the company should have treated as recordable injuries. This is due both to Amazon’s practice of failing to refer workers for outside medical care and the company’s troubling history of under-recording injuries as required by federal and state regulations.” Senate Interim Report
Is By-passing safety in favor of productivity a Workers’ Compensation Concern?
Yes. In California Workers’ Compensation, there is an additional allegation that can be made against an employer.  It is called Serious and Willful Misconduct.  Labor Code Section 4553, provides that “the amount of compensation otherwise recoverable shall be increased one-half, together with costs and expenses not to exceed two hundred fifty dollars ($250), where the employee is injured by reason of the serious and willful misconduct of any of the following: (a) The employer, or his managing representative, (b) If the employer is a partnership, on the part of one of the partners or a managing representative or general superintendent thereof, (c) If the employer is a corporation, on the part of an executive, managing officer, or general superintendent thereof..  
Whether the cause of an injury is at the level to be found as a serious & willful misconduct is something addressed by the trier of fact.  Further, a factual analysis must be done to establish it. 
 
Why Is Injury Reporting Important For Injured Workers?
For Workers’ Compensation purposes, injury reporting is important.  Injury reporting is done through a claim form called a DWC-1.  The injury reporting entitles the injured worker to received medical treatment paid for by the employer per Labor Code 5402.  Likewise, the claim form triggers the investigation period to accept or deny the claim.
Within the facts presented, it is not indicated whether the injuries were documented as work-related claims.  Assuming that the injuries that were unreported to Federal Agencies were provided medical treatment by Amazon, it is likely that Amazon employees were provided a claim form to report the injury.

What If I Need Advice?

If you would like a free consultation regarding workers’ compensation, please contact the Law Offices of Edward J. Singer, a Professional Law Corporation. We have been helping people in Central and Southern California deal with their workers’ compensation cases for 27 years. Contact us today for more information.