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Workers iunjured on the job can sue for compensation for their injuries.Two workers injured on the job during the construction of an Amazon warehouse agreed to a $19 million settlement from Amazon and two other companies. The settlement was announced on Aug. 26, in the midst of a jury trial that had already been underway for a week.

The personal injury settlement was the second related to the same accident. Before Amazon.com LLC, Duke Realty Services LLC, and Steel King Industries Inc. made the $19.1 million offer, Lakeside Rack Installers settled with the warehouse workers for $861,000. The workers injured on the job,  Andrew W. and Michael J., say they suffered catastrophic injuries in May 2017 when unbolted storage racks fell on them as a result of carelessness by an uncertified forklift driver while they worked on an Amazon warehouse.

Allegations

The complainants allege that storage racks placed during the build-out of the Amazon warehouse were not bolted to the floor, resulting in both men suffering career-ending injuries. Bolting the racks to the cement floor was a safety standard purposefully omitted, according to the plaintiffs, and was not done because of pressure from Amazon to complete the project faster.

The uncertified forklift operator purportedly ran into the racks and caused them to collapse, trapping the two workers. Andrew W. tore his ACL in the injury and needs a total knee replacement. Additionally, the accident exacerbated a right wrist injury which will require Andrew W. to undergo a bone fusion and rotator cuff repair.

Michael J. fractured his skull in many locations, lost his upper row of teeth, and severed a facial nerve. Compromised nerve function has led to double vision, uncontrollable movement, and tear duct malfunction.

The Blame Game

The warehouse in question was owned and developed by Duke Realty. Steel King was hired by Amazon to provide and install the racks to the warehouse’s concrete floor. Steel King reportedly hired a subcontractor to do the installation work. The subcontractor was the plaintiffs’ employer.

Before reaching the settlement, Amazon maintained that it was not at fault due to its status as a tenant. Allegedly, the mail-order giant hired a contractor whose responsibility it was to ensure safety in the workplace. Nevertheless, plaintiffs’ counsel argued that Amazon had some culpability for emphasizing speed over ensuring safety compliance.

Not Alone

According to Kairos Magazine, in fall 2018, the safety record at Amazon fulfillment centers was less than stellar. Since 2013, seven people have died in forklift and pallet loader accidents, along with cardiac events with ambiguous etiology. Part of the problem with these events is the lack of visibility the fulfillment centers have to the public and how quickly they are expanding across the U.S. to meet the demand for online sales.

This poor record in the face of rapid growth led the National Council for Occupational Safety and Health, according to certifyme.net, to identify Amazon as one of a dozen companies with serious safety violations and concerns in 2018.

If you or a loved one were injured due to the negligence of another party, and you have recoverable damages, you may have a viable personal injury lawsuit. Get a free evaluation of your potential case by filling out the form on this page now!

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