{"id":1756,"date":"2018-11-13T21:08:55","date_gmt":"2018-11-13T21:08:55","guid":{"rendered":"https:\/\/www.petrilloandgoldberg.com\/?p=1756"},"modified":"2018-11-13T21:08:55","modified_gmt":"2018-11-13T21:08:55","slug":"falta-de-prestaciones-de-compensacion-laboral-para-los-trabajadores-de-la-economia-colaborativa","status":"publish","type":"post","link":"https:\/\/www.petrilloandgoldberg.com\/es\/2018\/11\/lack-of-workers-compensation-benefits-for-workers-in-the-gig-economy\/","title":{"rendered":"Falta de prestaciones de compensaci\u00f3n laboral para los trabajadores de la econom\u00eda gig"},"content":{"rendered":"

The fatality of a bike messenger has revealed the potential perils of working in the gig economy, in which workers are not classified as employees, and thus, are ineligible for workers\u2019 compensation. As reported by The Philadelphia Inquirer<\/a>, Pablo Avendano, who worked as a bike messenger, was in the midst of making a food delivery in Philadelphia when he was struck by a car and killed. He was 34 years old.<\/p>\n

Had Avendano been working for a company that categorized him as an employee, his family would be able to receive workers\u2019 compensation, and they would be entitled to part of his wages. However, he was a contractor for Caviar, an on-demand delivery service based in San Francisco. Avendano was one of many contractors who worked in what is referred to as the gig economy. As a contractor, he was not eligible for such benefits as health insurance, paid time off or workers\u2019 compensation. <\/p>\n

According to Debbie Berkowitz, the director of the Worker Health and Safety Program at the National Employment Law Project, the gig economy was formed under the pretense of providing workers with increased flexibility. However, in actuality, it was created for the purpose of reducing the costs of labor. In 2016, the National Employment Law Project published a paper that advocated that gig workers receive workers\u2019 compensation, especially since occupations such as taxi driver and bike messenger are among the most dangerous. In fact, companies that employ such gig workers often provide incentives for them to work in inclement and dangerous weather conditions.<\/p>\n

Some workers have achieved changes in policy with respect to the treatment of independent contractors. For instance, in New York, there is a \u201cBlack Car Fund\u201d that is required by the state and financed by a surcharge on fares. The Fund offers benefits to all transportation workers who are for-hire, regardless of whether they are employees. Similarly, in 2016, gig workers in London who worked for delivery companies Deliveroo and Uber Eats, organized protests and strikes. <\/p>\n

With respect to whether Avendano\u2019s family is eligible to receive any benefits, a representative from Caviar said the company is attempting to contact his family to find out how they can help. <\/p>\n

If you were injured during the course of your employment<\/a>, call the South Jersey and Philadelphia workers\u2019 compensation attorneys<\/strong><\/a> at Petrillo & Goldberg. They will guide you through the often complicated rules and regulations concerning workers\u2019 compensation law, and help you recover the benefits you deserve.<\/p>\n

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La muerte de un mensajero en bicicleta ha puesto de manifiesto los peligros que entra\u00f1a trabajar en la econom\u00eda gig, en la que los trabajadores no est\u00e1n considerados como empleados y, por lo tanto, no tienen derecho a la indemnizaci\u00f3n por accidente laboral. Seg\u00fan informa The Philadelphia Inquirer, Pablo Avendano, que trabajaba como mensajero en bicicleta, se encontraba realizando una entrega de comida\u2026<\/p>","protected":false},"author":4,"featured_media":1757,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[3],"tags":[414,413,334],"class_list":["post-1756","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-workers-compensation","tag-bike-messenger","tag-gig-economy","tag-workers-compensation-lawyer"],"acf":[],"_links":{"self":[{"href":"https:\/\/www.petrilloandgoldberg.com\/es\/wp-json\/wp\/v2\/posts\/1756","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.petrilloandgoldberg.com\/es\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.petrilloandgoldberg.com\/es\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.petrilloandgoldberg.com\/es\/wp-json\/wp\/v2\/users\/4"}],"replies":[{"embeddable":true,"href":"https:\/\/www.petrilloandgoldberg.com\/es\/wp-json\/wp\/v2\/comments?post=1756"}],"version-history":[{"count":2,"href":"https:\/\/www.petrilloandgoldberg.com\/es\/wp-json\/wp\/v2\/posts\/1756\/revisions"}],"predecessor-version":[{"id":1759,"href":"https:\/\/www.petrilloandgoldberg.com\/es\/wp-json\/wp\/v2\/posts\/1756\/revisions\/1759"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.petrilloandgoldberg.com\/es\/wp-json\/wp\/v2\/media\/1757"}],"wp:attachment":[{"href":"https:\/\/www.petrilloandgoldberg.com\/es\/wp-json\/wp\/v2\/media?parent=1756"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.petrilloandgoldberg.com\/es\/wp-json\/wp\/v2\/categories?post=1756"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.petrilloandgoldberg.com\/es\/wp-json\/wp\/v2\/tags?post=1756"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}