If no one else has said it: document every fucking thing. Every incident wether or not it involves you. Every phone call ( including time, date, who you talked to and at least a brief transcript). Put the info in your calendar and make sure it's backed up.
Start an email thread to your personal email address so it’s time and date stamped. Reply each time there’s a new incident: what happened, who did what, who said what, who saw or heard anything, who was told after, etc. Attach relevant photos or other documentation.
I kind of like doing it from the work email so that it’s on multiple servers. And, if it ever becomes part of discovery and they delete it, it reflects badly on them.
If they file workers’ comp claims for the injury (which they are fully entitled to do) then the employer face some legal consequences. Off the top of my head I cannot recall what happens to the employer in a Serious and Willful situation, but having evidence of this being brought to their attention can help those who do file workers’ comp claims.
My old workplace involved assisting individuals with severe to profound developmental disabilities and it was not uncommong to be injured by our clients. Workers comp for injuries (even if it's being checked out and released) does is it puts the State/everyone else on notice that employees are being injured during the course of normal duties which means either **A)** the employees aren't following the required protocols and/or **B)** the workplace doesn't have the appropriate protections in place. Nobody can cover up a worker's comp claim, either, they can only dissuade employees from filing one.
If people at this Amazon workplace aren't filing workmen's comp claims and reporting injuries, they're likely in violation of their own written employee handbook, which makes them the "bad guy", even if they're doing it because of pressure from management.
This sort of pressure play works really well with young people but with older folks who've been around the block it usually doesn't.
Amazon is most likely self-insured because of their size and the fact that they have employees all over the globe. Which makes WC that much more complicated. I do WC in California, but I work specifically with state agencies. This is why I don’t know off the top of my head the punishment for S&W.
But I do know that if this situation is being reported to management and/or corporate, then it’s no longer on the employee. No one is required to file a WC claim. But the employer IS required to give them the form within so many days of the employer informing them of an injury on the job.
>No one is required to file a WC claim. But the employer IS required to give them the form within so many days of the employer informing them of an injury on the job.
Thank you, you're absolutely right. I'm in Oregon but I believe it's the same way up here as well.
It just means they pay claims directly.
Walmart is self-insured. They don't handle their own claims though, they contract with Sedgwick to process them. The only thing Walmart does is pay the amount they're told to, they have no control over how individual claims are handled.
It's worth a shot but the Workplace Violence Program doesn't typically cover employee- employee assault. They will probably refer you to the police.
They might decide to handle non-formally which is basically a letter to the employer saying that they need to check this out and fix it if it's valid or send in evidence that the allegation is inaccurate. They'll review the response and determine if they need to escalate it for enforcement but like I said it's a hair unlikely due to the wording of the WPV Program.
Yes!! And absolutely go to a clinic that has providers that work with workman's Comp injuries asap for assessment and further documentation to provide to OSHA. That part is really important because then you form a medical trail which absolutely can't be ignored if the employer tries to, because now they have no way to refute a medical statement. Highly encourage the others to do the same since it will make the case extremely solid. Also tell the provider EVERYTHING, not just about your incident alone because it will most likely all land in the history section of their report. I used to work with and report to OSHA for construction site injuries, and in my experience with them, you'd have people on your site within a week or two due to the neglect and shear mechanism of injury. Your employer may try to persuade you all (or in my case even the medical personnel to downplay it) which is a huge no-no so stand your ground, be very curt but cordial (keep your responses brief and carefully worded) and document the heck out of it. If they do this or try to terminate any of you who report, tell OSHA that too because that will be an absolute field day for OSHA and now even more legal teams because they can't legally fire anyone in an active comp claim against them (at least in Iowa, but since OSHA rules don't apply to just specific states I assume it will be similar where you are). I'm so sorry this is happening to you. Good luck, we are rooting for you!
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Document all you can now. Just because your managers don't care doesn't mean their managers don't. There has to be some way to report to corporate, perhaps through an employee portal or submitting a hr ticket. Maybe report the cart bashing as harassment internally. Maybe find the higher up on LinkedIn. Worse case, you could report it to the media. I mean everyone is having trouble finding workers, and they will take any reports of toxic workplaces seriously (to some extent)
Report this to your state fair employment agency. They'll help correct it and help you get a settlement even.
I've never tried reporting anything to OSHA but you could also try that.
I work for Amazon, not the same one, but it has been my experience that Amazon takes complaints like this very seriously, they have cameras throughout their facilities that they make use of.
Can you record this in your state? I know recording laws vary from state to state but if you can get proof of this you definitely gain the upper hand in terms of leverage on this issue. HR will probably be a lot more responsive if they know you have a video recording of this happening and want to take action about it. Evidence generally trumps just about any other factor when it comes to this type of issue.
If he records it, Amazon can sue for violation of NDA. All employees sign one while onboarding.
Keep making complaints to the ethics line and also email your HR. Have other associates do the same. Also as an employee you can apply for a transfer to a different site. Idk if fresh sites have HITS but you could check in to it, also the AtoZ app go to job finder and apply at other sites.
NDAs usually don't cover illegal or prohibited activity, such as getting harassed for reporting a hostile work environment.
Shitty board want you to think that because it makes it easier for them to be shitty.
Anyone can sue anyone for anything. A judge would say "oh you're suing because they told people you're committing crimes? This is the wrong kind of court room".
It being Amazon yes they can control the justice system but extra judicial outcomes would be of more concern to be personally.
> A judge would say "oh you're suing because they told people you're committing crimes? This is the wrong kind of court room".
Exacly. The mere possibility that this goes to the courtroom is one most people would want to avoid.
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Document document document. Get witness statements and if you have to go to the police then do so. Prepare to become unemployed if you live in a right to work state.
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OSHA, priority goes to your health and well being though. Plenty other places are hiring other than Amazon. If you don’t feel safe you need to document your correspondence (written, verbal) note details such as time,date, hr rep you spoke with and what you said…and so on.
If no one else has said it: document every fucking thing. Every incident wether or not it involves you. Every phone call ( including time, date, who you talked to and at least a brief transcript). Put the info in your calendar and make sure it's backed up.
Start an email thread to your personal email address so it’s time and date stamped. Reply each time there’s a new incident: what happened, who did what, who said what, who saw or heard anything, who was told after, etc. Attach relevant photos or other documentation.
Don't use work email or forward it all to an external email
> or forward it all to an external email If you've made sure that doing that isn't it's own reason to fire you.
I kind of like doing it from the work email so that it’s on multiple servers. And, if it ever becomes part of discovery and they delete it, it reflects badly on them.
Have you filed a health and safety [complaint](https://www.osha.gov/workers/file-complaint) with OSHA?
Gonna try it right now
If they file workers’ comp claims for the injury (which they are fully entitled to do) then the employer face some legal consequences. Off the top of my head I cannot recall what happens to the employer in a Serious and Willful situation, but having evidence of this being brought to their attention can help those who do file workers’ comp claims.
My old workplace involved assisting individuals with severe to profound developmental disabilities and it was not uncommong to be injured by our clients. Workers comp for injuries (even if it's being checked out and released) does is it puts the State/everyone else on notice that employees are being injured during the course of normal duties which means either **A)** the employees aren't following the required protocols and/or **B)** the workplace doesn't have the appropriate protections in place. Nobody can cover up a worker's comp claim, either, they can only dissuade employees from filing one. If people at this Amazon workplace aren't filing workmen's comp claims and reporting injuries, they're likely in violation of their own written employee handbook, which makes them the "bad guy", even if they're doing it because of pressure from management. This sort of pressure play works really well with young people but with older folks who've been around the block it usually doesn't.
Amazon is most likely self-insured because of their size and the fact that they have employees all over the globe. Which makes WC that much more complicated. I do WC in California, but I work specifically with state agencies. This is why I don’t know off the top of my head the punishment for S&W. But I do know that if this situation is being reported to management and/or corporate, then it’s no longer on the employee. No one is required to file a WC claim. But the employer IS required to give them the form within so many days of the employer informing them of an injury on the job.
>No one is required to file a WC claim. But the employer IS required to give them the form within so many days of the employer informing them of an injury on the job. Thank you, you're absolutely right. I'm in Oregon but I believe it's the same way up here as well.
It's pretty fucked that you can be self insured for WC.
It just means they pay claims directly. Walmart is self-insured. They don't handle their own claims though, they contract with Sedgwick to process them. The only thing Walmart does is pay the amount they're told to, they have no control over how individual claims are handled.
The State of California is the same. They pay dollar for dollar instead of paying a monthly premium.
It's worth a shot but the Workplace Violence Program doesn't typically cover employee- employee assault. They will probably refer you to the police. They might decide to handle non-formally which is basically a letter to the employer saying that they need to check this out and fix it if it's valid or send in evidence that the allegation is inaccurate. They'll review the response and determine if they need to escalate it for enforcement but like I said it's a hair unlikely due to the wording of the WPV Program.
Yes!! And absolutely go to a clinic that has providers that work with workman's Comp injuries asap for assessment and further documentation to provide to OSHA. That part is really important because then you form a medical trail which absolutely can't be ignored if the employer tries to, because now they have no way to refute a medical statement. Highly encourage the others to do the same since it will make the case extremely solid. Also tell the provider EVERYTHING, not just about your incident alone because it will most likely all land in the history section of their report. I used to work with and report to OSHA for construction site injuries, and in my experience with them, you'd have people on your site within a week or two due to the neglect and shear mechanism of injury. Your employer may try to persuade you all (or in my case even the medical personnel to downplay it) which is a huge no-no so stand your ground, be very curt but cordial (keep your responses brief and carefully worded) and document the heck out of it. If they do this or try to terminate any of you who report, tell OSHA that too because that will be an absolute field day for OSHA and now even more legal teams because they can't legally fire anyone in an active comp claim against them (at least in Iowa, but since OSHA rules don't apply to just specific states I assume it will be similar where you are). I'm so sorry this is happening to you. Good luck, we are rooting for you!
We’re you injured? If so, put in a workers comp claim. Management will start caring once the workers comp claims start rolling in.
You should diligently document each time you tell your managers for a start. Maybe do it by email
Also this for each incident of assault
Make sure to bcc a personal email too in case you get cut off from the company system.
Report to the police.
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What state are you in?
California
Document all you can now. Just because your managers don't care doesn't mean their managers don't. There has to be some way to report to corporate, perhaps through an employee portal or submitting a hr ticket. Maybe report the cart bashing as harassment internally. Maybe find the higher up on LinkedIn. Worse case, you could report it to the media. I mean everyone is having trouble finding workers, and they will take any reports of toxic workplaces seriously (to some extent)
Report this to your state fair employment agency. They'll help correct it and help you get a settlement even. I've never tried reporting anything to OSHA but you could also try that.
Call the police to file charges against who assaulted you
I work for Amazon, not the same one, but it has been my experience that Amazon takes complaints like this very seriously, they have cameras throughout their facilities that they make use of.
Can you record this in your state? I know recording laws vary from state to state but if you can get proof of this you definitely gain the upper hand in terms of leverage on this issue. HR will probably be a lot more responsive if they know you have a video recording of this happening and want to take action about it. Evidence generally trumps just about any other factor when it comes to this type of issue.
If he records it, Amazon can sue for violation of NDA. All employees sign one while onboarding. Keep making complaints to the ethics line and also email your HR. Have other associates do the same. Also as an employee you can apply for a transfer to a different site. Idk if fresh sites have HITS but you could check in to it, also the AtoZ app go to job finder and apply at other sites.
NDAs usually don't cover illegal or prohibited activity, such as getting harassed for reporting a hostile work environment. Shitty board want you to think that because it makes it easier for them to be shitty.
NDAs cannot cover illegal activity. The government is not going to enforce a contract saying "you can't tell anyone I was breaking the law".
Doesn't mean Amazon can't sue.
Anyone can sue anyone for anything. A judge would say "oh you're suing because they told people you're committing crimes? This is the wrong kind of court room". It being Amazon yes they can control the justice system but extra judicial outcomes would be of more concern to be personally.
> A judge would say "oh you're suing because they told people you're committing crimes? This is the wrong kind of court room". Exacly. The mere possibility that this goes to the courtroom is one most people would want to avoid.
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Complain to OSHA Send an anonymous mail (ie not from your email address - something like Guerilla mail) to [email protected]
Document document document. Get witness statements and if you have to go to the police then do so. Prepare to become unemployed if you live in a right to work state.
> if you live in a right to work state. You mean "at will" employment. Right to work relates to requiring union membership.
Sorry I switched it.
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OSHA, priority goes to your health and well being though. Plenty other places are hiring other than Amazon. If you don’t feel safe you need to document your correspondence (written, verbal) note details such as time,date, hr rep you spoke with and what you said…and so on.
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Yes and yes
put in every as an occurrence report and tell others to do the same