Pablo Avendano
Philadelphia, b.1983, d. 12.May.2018,
killed by SUV on the job
Pablo Avendano was part of Philadelphia’s Sparrow Cycling Couriers
bike messenger family. A motorist driving an SUV hit and killed
Pablo while he was working an extra shift in bad weather for the
food delivery app, Caviar. Pablo’s death sparked a conversation
surrounding working conditions and practices of the on-demand gig
economy towards its vulnerable workers.
Pablo, a fellow working courier, was
fatally struck Saturday night in the bike lane on 10th and Spring
Garden. He was following traffic laws and wearing a helmet. Our
community, ( especially the Sparrow Courier family )while distraught
of this accident, is strong by embracing and supporting one another.
Tomorrow night is the ride or silence. Join us as we ride and
remember our sisters and brothers fallen on these streets. The
forecast expects rain-be prepared. - Philadelphia Bicycle Messenger
Association
Another fallen brother that led to another community to mourn this
tragedy. We face this fear every day at work. Pablo’s memorial, just
like him, was beautiful and truly magical. Rest in Power,
Pablo. You’re still making history. - Philadelphia Bicycle Messenger
Association
One week ago today I was filling in for another dispatcher and had
the rare delight and privilege of getting to dispatch Pablo for one
of his Tuesday morning shifts. Always so easy to work with and talk
to and he was so very hard working. I won’t be able to say “Copy
that 725,” ever again. - Stacy Grimes
For as much as I sometimes grumble about the day to day frustrations
of helping to operate Sparrow, it’s a damn treasure. It’s not just a
courier company, it’s a family of amazing people who care and
support one another. Last night we lost part of our family and it’s
a deep loss that will never be filled. Pablo was working Caviar on
his bike during a time of heavy rain and was struck and killed by a
car at 10th and Spring Garden. He was loved by everyone, myself
included. 2018 can go fuck right off. - Stacy Grimes
Go fund me for Pablo:
Our dear friend and comrade Pablo was hit by a car and killed
working a gig economy job that incentivize's riding a bike in
dangerous and inclement weather. He was an amazing person; one who
loved people and life. He was so much to so many, and now its time
to be there for him and his family. PLEASE donate to help cover
funeral expenses and travel costs for loved ones This
fundraiser is to cover the immediate costs, but we demand that
Caviar reimburse his family for all travel and funeral costs.
Until the day we take everything and remake the world so it is no
longer ordered to value things over precious humans, we'll keep the
struggle going in. This is the only way to honor Pablo. He wouldn't
have it any other way.
My Best Friend Lost His Life to the Gig Economy
Pablo Avendano was a food-delivery courier struggling to make ends
meet. Then he was killed delivering an order.
By George Ciccariello-Maher
The Nation, July 10, 2018
It’s been almost two months now since 34-year-old Pablo Avendano was
struck and killed on his bicycle in Philadelphia while working for
the San Francisco–based food-delivery startup Caviar. Within a few
short days of his death, a banner appeared near the scene at 10th
and Spring Garden reading simply, “The Gig Economy Killed Pablo.”
This wasn’t just hyperbole, and the questions raised by his
death—and the gig economy as a whole—remain unanswered today.
Pablo—whom I will call by his first name—was a close comrade and
friend with whom I had organized for years, and until his death, he
was my roommate as well. Our daily conversations offered a glimpse
into the reality of today’s “gig economy,” in which intensifying
exploitation masquerades as choice.
This is nothing new. From the beginning, capitalism has been based
on a false choice: unlike feudalism, workers under capitalism are
formally free to sell their labor on a free market. It’s not hard to
spot the lie: If you don’t choose to do so, you starve. The choice
is a false one, because workers have little control over the
conditions of their labor and which choices are on the table to
begin with. So the labor movement has historically fought to
transform those conditions, winning important concessions around
wages, health and other benefits, injury compensation, and union
rights.
In the aftermath of the 2008 financial crisis, however, flexibility
and choice became code words for a shock doctrine that took
advantage of the crisis to override or bypass workers’ protections
entirely through a massive vanishing trick: With a flash and a puff
of smoke, workers were no longer workers, but instead independent
contractors. This legal loophole meant that they qualified for no
benefits or protections and were simply opting into a “sharing
economy” in which everything is shared—risk, social cost, medical
expenses—everything but the profits, of course. The “gig economy”
was born.
False choice is dispersed throughout this gig economy and taken to
new extremes, epitomized by an absurd headline declaring that “Young
people have embraced the gig economy.” In the wreckage of the
post-2008 economy, millennials and others—student loans dwarfing
their job prospects—were left scrambling for whatever work they
could find and couldn’t afford to be picky. So now we “choose”
whether or not to sell our labor, but we also “choose” when to do
so, which gigs to accept and which to refuse, whether to work from
home or not. But we still don’t get to choose the conditions under
which those choices are made. Instead, those conditions are
naturalized. It’s just the way things are: Your home is a hotel,
your car is a taxi, and your bike is not for recreation anymore.
Founded in 2012, Caviar, like many of the food-delivery services
that have invaded cities, is emblematic of a gig-economy business
model that distributes social costs and risk onto the broader
community. As one article about Pablo’s death puts it: “Caviar
workers injured on the job often fall back on aging parents or adult
siblings for housing when they can’t ride. Most Caviar workers
depend on the goodwill of bicycle mechanic friends or sympathetic
bike shops to keep them rolling (and thus eating) as their bicycles
wear out from near constant use. This is all labor that maintains
their workers, for which Caviar’s business model shirks
responsibility.”
To be sure, working as a bike courier meant enduring dangerous and
even abusive conditions long before the rise of the gig economy. For
decades, the industry took advantage of a “vulnerable” workforce
often made up of those with “murky immigration statuses, a
willingness to work for tips alone and a fear of blowing the whistle
on mistreatment,” as The New York Times reported in 2012. But with
the rise of the gig economy—sometimes (and more accurately)
described as the “on demand” economy—these abuses have spread and
accelerated, with Caviar and other companies profiting off the
vulnerability of independent contractors much the way independent
restaurants have long profited off the vulnerability of unprotected
and undocumented communities.
For more than two years as a Caviar courier, Pablo confronted this
reality—a reality of vulnerability and false choice—on a daily
basis. He had to wake up and decide whether to risk life and limb
for a job with low pay and no benefits—making about $100 on a good
shift, but as little as $30 on a bad one. But the alternative was
not being able to pay the rent.
Conditions at Caviar weren’t always so challenging, couriers have
said. One anonymous courier familiar with Caviar logistics in
multiple cities explained how, as a young start-up, the company had
made all its deliveries for a $9.99 flat fee, but by 2014—when
Caviar was acquired by Square—it began operating on an
algorithm-based model that claims to instantaneously match the
supply of couriers with the demand for deliveries. As with Uber,
Lyft, and other algorithm-based companies, Caviar enjoys an “immense
data advantage” over customers and workers alike, with the algorithm
functioning as a sort of proprietary black box offering delivery
payments that couriers can only accept or reject, but not question.
(That lack of transparency recently landed the company in the
crosshairs of a class-action lawsuit in which customers charged that
Caviar had collected gratuities from them but not passed the tips on
to couriers. Caviar settled for $2.2 million but denied the
allegations.)
The result has been a sort of race-to-the-bottom in which
couriers—Pablo included—told me that they had to work longer hours
and ride faster to make more deliveries: In other words, they had to
take more risks. Some have even argued that Caviar incentivizes
dangerous work in inclement conditions. When there was bad weather,
like the day Pablo was killed, couriers might receive a peppy,
emoji-adorned message. (“When it rains the orders POUR on Caviar!…
Go online ASAP to cash in!” read a text received by another courier
the day before Pablo died.) For couriers already struggling to make
a living, it only made sense to work when conditions were bad,
making an already dangerous job downright treacherous.
When contacted for comment, Caviar disagreed with these claims. In
an email to The Nation, a spokesperson wrote that “Couriers choose
to deliver with Caviar because it offers them flexibility and choice
over where, how, and when to earn money. Caviar pays couriers very
competitively because they have many options to choose from,” adding
that average earnings for Caviar couriers is over $20 “per engaged
hour.” While the spokesperson did not respond directly to the
suggestion that Caviar incentivizes working in dangerous conditions,
they insisted that, “During busy times—like dinner, Sunday nights,
or events like the Super Bowl—Caviar offers couriers the opportunity
to earn more money because we know their services are in high demand
and they have many platforms to choose from.”
As it got harder and harder to eke out a living with Caviar, Pablo
knew he needed to find an alternative, and for the past year he had
been pursuing certification as a Spanish-language interpreter. But
in the meantime, he had to work more and longer hours—often split
shifts totaling more than six hours—assuming more risk in the
process and often returning home to study for his interpreting exam
only to be too exhausted to do so. In the gig economy, the trade-off
between working more gigs and finding a way to escape is too much
for many to navigate. But failing to do so proved fatal for Pablo.
In this equation, the consumer is no angel. As the name suggests,
Caviar was designed to cater to an upscale clientele by offering
food delivery from lavish restaurants, but it soon came to embody an
absurd demand for convenience. I vividly remember Pablo’s
astonishment that someone had ordered delivery on a quart of ice
cream from all the way across town: They were willing to pay almost
$10 for delivery on $6 worth of ice cream. And when the weather is
bad, wealthier customers are more than willing to pay a premium for
personal convenience even if it means putting others at risk.
There is an alternative. For the past year, Pablo also worked
part-time for Sparrow Cycling Couriers, a worker-owned collective
that, like Caviar, was founded in 2012. But unlike Caviar, Sparrow
couriers keep 60 percent of their pay, with 40 percent covering rent
and other collective expenses. If Sparrow were to turn a profit—they
still haven’t—that profit would be shared as well, and all decisions
are made collectively and by consensus. Sparrow founder Randon
Martin told me that his goal was to “create an alternative,
collectivist business model” that he hopes might provide “a positive
model for non-hierarchical, worker-owned business.”
These two models are not complementary: When Caviar came to
Philadelphia in late 2014, they undercut Sparrow (and other
food-delivery services operating in the city) by temporarily
offering free delivery. It isn’t hard to imagine how a startup
sitting on more than $13 million in seed investments—not to mention
an estimated $90 million sale to Square—could temporarily operate at
a loss and effectively undermine smaller competitors, especially
those that aspire to pay a living wage or more.
Martin recounts how one local restaurant—the progressively branded
HipCityVeg—dropped Sparrow without warning in 2014. After more than
two years with Sparrow, HipCityVeg—whose philosophy foregrounds a
“compassion for all living things”—“dropped us just like that,”
Martin recalls. That same day, Caviar launched its service in the
city with HipCityVeg among its first slate of clients. Today, the
company—which operates in more than a dozen cities—offers deliveries
from hundreds of restaurants in Philadelphia, more than 40 of which
are exclusive to Caviar. (HipCityVeg could not be reached for
comment.)
While Caviar doesn’t pay by the hour, or even technically employ its
army of independent contractors, it nevertheless insists that its
couriers work for it and only for it in the course of making a
delivery. According to Martin, many of the original Sparrow crew
tried to avoid working for a company they saw as not only a
competitor but a corporate adversary as well. But many newer
couriers like Pablo—who was delivering for Caviar before
Sparrow—again confronted a false choice, this time between their
principles and paying the rent.
For now, Pablo’s family, friends, and comrades have issued a series
of demands: that Caviar reimburse all travel and funeral expenses to
Pablo’s family; that it “reclassify all its riders as W-2 employees,
not independent contractors”; that it pay a living wage of $20 an
hour plus benefits, hazard pay, and reimbursement for bike repair
and maintenance; and crucially, that Caviar not obstruct the process
of unionizing its couriers, as Pablo himself had hoped to do in the
future. More than anything, Pablo wanted to help build a world where
people don’t have to make such false and dangerous choices to
survive.
Within an hour of these demands being released, Caviar sent a
message to its own couriers lamenting Pablo’s death and noting that
his colleagues at Sparrow “have opened their doors to friends, or
anyone seeking comfort.” According to the Sparrow collective, Caviar
did not reach out directly before sending this message. (Caviar told
The Nation that the company “chose not to publicize any of our
efforts to support Pablo’s friends and family.”) Like risk and
liability, Caviar seems to want to outsource even the emotional
labor of mourning to its independent contractors and society as
whole.
Friends mourn Caviar courier killed by SUV at 'ghost bike'
memorial
A professional bike courier killed while delivering food for Caviar
was remembered by friends and family who bashed the gig economy.
By Kait Moore
Metro, May 20, 2018
Family, friends and fellow bikers dressed in black and biked from
Tattooed Moms to 10th and Spring Garden streets, where he was killed
delivering food for Caviar, an app that hires independent
contractors to deliver food by bike.
A memorial “ghost bike” was put in place to commemorate Avendano’s
life, just a day after 11-year-old Julian Angelucci was killed at
10th and Shunk streets, the second bicycle fatality of 2018.
In the drizzling rain, Avendano’s partner, Anne Marie Drolet, stood
on the back of a pick-up and spoke to a large crowd of bicyclists in
black that blocked traffic from the 900 block of Spring Garden.
She spoke of Avendano’s fight for a better life against a wage
economy.
“I guess we liked being bike couriers, but we would complain about
the people we were catering to, the bulls—t we had to put up with,
and being a wage slave,” Drolet said, as the crowd cheered out in
support.
“We were just trying to make it. We wanted to make a difference. He
was the most amazing person I’ve ever met. I’ve never been so happy
with anyone. I want to keep fighting for him.”
Many of Avendano’s friends spoke in honor of him and against the gig
economy that they feel took his life.
“Pablo was killed because people were making off of what he was
doing,” his friend George Ciccariello-Maher said.
“They were making money off not paying benefits. They were making
money off the fact that he was nothing, not even a worker, just a
number. These gig economy jobs, like Caviar, are killing people. And
when they're not killing them, they’re making them suffer,” he said.
The crowd cheered and hollered out his name, “Pablo!” His brother,
Bryan Avendano, shouted and banged a tambourine in his honor.
“He was one of the most beautiful people I’ve ever met,”
Ciccariello-Maher said. “He was someone when the first time we met
he felt like family and everyone else has said that. This was not
particular to certain people. He wanted to spread his love and
family across the world.”
Avendano’s friends and family are demanding that Caviar pay for the
family’s funeral expenses. They also want Caviar to reclassify its
riders as W-2 employees, offer a livable wage of $20 per hour, offer
health benefits, hazard pay and maintenance/repair reimbursement.
A Caviar spokeswoman previously told the Inquirer the company is
"seeing what we can do to help" Avendano's family. A Gofundme has
also been set up to to raise money for the Avendano family at
gofundme.com/all-out-for-pablito.
The Death of a Gig Worker
An SUV killed Pablo Avendano as he picked up jobs for the
food-delivering app Caviar. Who is responsible?
THOMAS FOX PARRY
The Atlantic, June 1, 2018
An 8-year-old told me about Pablo Avendano’s death: “My dad’s friend
was just killed riding his bike.” The 8-year-old was a friend of my
son, Dai. I had taken the boys out for water ice in our neighborhood
in Philadelphia. “He went out to work and he’s never coming back,”
my son’s friend said, bobbing on his feet. “And he didn’t even like
his job!” Avendano made deliveries through Caviar, the food-ordering
app.“His boss is probably in trouble,” Dai said.
Avendano was joyous, passionate, a rush-seeker. He partied, always
smiling. “Totally gregarious. Tequila bottles did not stay full,”
his roommate told me. He gave his friends the impression that, when
they spoke, they had his full attention. He looked for people who
were alone, and tried to connect. “I never had a brother, but
whenever I saw Avendano, we hugged, we kissed,” Randon Martin, a
blue-eyed, dreadlocked young man who worked with Avendado, said. “I
loved him, and he made you feel loved.”
Avendano, like many of his friends, considered himself an anarchist
and a communist. He grew up in Miami and studied political science
at Florida International University. While there he once slept in a
cardboard hut on campus for three days in solidarity with the
homeless in Miami’s Liberty City. He organized students in support
of campus janitors fighting for higher wages. In Immokalee, Florida,
he marched with workers against exploitative labor conditions in the
tomato fields, part of a movement that would eventually result in a
deal for better pay and working conditions. After college, Avendano
worked in restaurants, in retail, and for cleaning and landscaping
crews. He stayed political. Martin showed me a picture on his phone
taken by the photographer Devin Allen during the 2015 Baltimore
riots. In black and white, Avendano is smiling, washing pepper spray
from his eyes with milk.
After moving to Philadelphia in his late twenties, Avendano started
working as a bike courier for Sparrow Cycling Couriers, a
worker-owned collective run out of a storefront in Center City.
Sparrow’s couriers mostly deliver food and legal documents. They put
business decisions to a vote, and their work earns them wages and a
stake in the company. But for Avendano, it wasn’t enough to live on;
to make rent, pay bills, and have fun. So he picked up delivery work
through Caviar. As a Caviar courier, Avendano earned according to a
formula that weighs demand, distance, and riders. He got a bump
during peak hours: meal times and some other periods, as determined
by the app. Rain, according to online postings from people
identifying themselves as Caviar couriers, raises pay. Of course,
rain also makes the work more dangerous. Avendano signed the 11-page
Courier Agreement, which says in capital letters, in three separate
provisions, that it disclaims liability for all work injuries,
including death.
The evening of Saturday, May 12, the clouds had burst, pouring down
rain, so people were ordering in. Avendano decided to deliver some
food through Caviar to make some extra cash. He was riding his bike
down Spring Garden Street, which divides Center City and the
northern neighborhoods, when a Mitsubishi SUV struck and killed him.
Three hours later, Avendano’s younger brother Bryan and their
mother, Graciela, were watching a Spanish show called Merlí on
Netflix, at Graciela’s row home in south Philadelphia, when there
was a knock on the door. Bryan answered and an officer asked whether
Avendano lived there. Bryan balked. Avendano had always told them,
“If the cops come looking for me, don’t let them in.” But Bryan did,
shifted by a gravity in the officer’s voice. He found himself
between the police officer in the foyer and his mother on the couch,
translating as the officer told his mother that her eldest son was
dead. Avendano was 34 years old.
One night not long after Avendano’s death, I went on the Ride of
Silence, a yearly eight-mile procession that mourns cyclists killed
in traffic. Three hundred or so cyclists gathered in the rain at the
Art Museum for the pre-ride ceremony. The lead organizer read the
names of the dead over a PA system. Avendano’s was the 11th name,
the most recent death and the last on the list. The organizer
flubbed the name and read, “Pedro—”
“Pablo!” came a shout from the crowd.
Avendano had friends there. Mostly young and clad in black, they
held their bikes with one hand. With the other hand they held each
other. Later that night, Avendano’s body was laid out in an open
casket in a funeral home on South Broad. His face was pale, his
eyelids bruise-dark. His body, dressed in a dark suit, somehow
looked unharmed. Avendano’s mother, Graciela, knelt before the
casket and sobbed and sang. His brother, Bryan, hit play on Black
Sabbath’s “Black Sabbath,” and from speakers, rain and bells
sounded.
At the Avendano family home, Pablo’s bike, the one he died on, leans
against the wall, hemmed by flowers. On it sits a poster-board
collage of photos. Avendano in cap and gown, graduating from Florida
International University. Avendano and his brothers in karate gis,
dukes up. Avendano had been the first of four sons. His parents
called him Osito, or little bear. As a kid, he staged uprisings
among his GI Joes, and as a teenager too young to drive, he
dissected “Rage Against the Machine” lyrics. He started studying the
Black Panthers, reading Frantz Fanon’s The Wretched of the Earth and
sporting a Che Guevara T-shirt. His father Nicolas, who escaped
Argentina’s Dirty War, worried that Avendano had no idea where
revolution led. They fought, but Avendano didn’t change, and they
had a falling out that left them estranged for years. Then, earlier
this year, they started to text. On April 21st, Nicolas’ birthday,
Avendano texted him birthday wishes and said that they should, at
long last, get together. They never did.
Caviar represents itself as a food-ordering platform, not a
food-delivery service. Couriers are not employees. Along with the
millions of workers who earn through Uber, UberEats, Lyft, DoorDash,
Postmates, GrubHub, TaskRabbit, and more, Caviar couriers are
considered independent contractors. In this gig economy, liability
for work injuries, including death, falls on the worker and their
family. “All of us at Caviar are deeply saddened by this news,” a
Caviar spokesperson wrote to me in a statement. “This is a horrible
tragedy and our thoughts are with Pablo’s family. We will work
closely with authorities and assist in any way we can."
Avendano knew that Caviar’s incentive structure could lead to
danger, and that he was vulnerable. According to several friends, he
talked about unionizing Caviar riders. But more than a union,
Avendano wanted out. Bryan, his brother, who is a court interpreter,
says that Avendano had started a course to become a translator.
Avendano’s girlfriend, Anne Marie Drolet, also a Sparrow courier,
said that she and Avendano had talked about becoming teachers,
moving to Spain, and perhaps having children.
Since his death, Avendano’s friends have organized themselves into a
group called The Friends and Comrades of Pablo Avendano, and they
have demands. They want a union for Caviar couriers, a wage starting
at $20 per hour, benefits including hazard pay, and for Caviar to
reclassify couriers from independent contractors to W-2 employees.
None of this appears likely to materialize—gig-economy companies
have often brushed off similar demands in the past—but then, neither
did the tomato workers’ demands back in Immokalee.
In fact, the lack of protection for couriers is not unique to
gig-economy companies like Caviar. Sparrow couriers are independent
contractors too (that’s the industry standard), albeit, in this
unusual case, contractors with an ownership stake. Like all bike
couriers, Sparrow riders sometimes get hit by cars. Sparrow carries
liability insurance, which typically covers things like packages
delivered, but no workers’-compensation insurance, which would cover
harm to couriers. Martin told me that the day after Avendano died,
he had called for a quote on a workers’-comp policy. The premium
would bankrupt Sparrow. If Avendano had died on the job for Sparrow,
there still would have been no coverage.
Still, Sparrow and Caviar are different in several ways that some
workers find meaningful. Sparrow is made up of a dozen friends who
work together, share profits, and make collective choices about
whether, and how, to protect workers. To go without workers’ comp
may be unfortunate, but it’s their decision. In contrast, Caviar’s
parent company, Square, which brought in $669 million in revenue in
the first three months of this year, is publicly traded. Its
executives make decisions for the benefit of distant shareholders;
workers’ well-being is not the only consideration.
The Friends and Comrades of Pablo Avendano, in a style that surely
would have appealed to Avendano, began with a rally that doubled as
a memorial service. A week after Avendano’s death, a few dozen of
his friends gathered in a bar called Tattooed Moms. They took over
the second floor, a windowless stretch of three chambers where every
last inch of wall space is covered with scrawl, graffiti, and
wheat-pasted art. After a few hours, Avendano’s friends trickled out
onto the street. Graciela, Avendano’s mother, was there. As her
son’s friends mounted their bikes, she screamed in the street,
“Pablo, tu gente esta contigo!” Your people are with you. The riders
cheered and howled, then some hundred of them rode off to the corner
where their friend had died.
Some rode with lit road flares in hand. A few times, cyclists fished
small chunks of concrete from their hoodies and pegged cars parked
in the bike lane. No windows broke. The riders chanted, “Pablo! Viva
Pablo!” and their voices resonated up the glass face of the
convention center where Wizard World Con was underway. A couple
cosplaying as Doctors Doom raised fists and cheered the riders.
On the intersection where Avendano was killed, more friends were
waiting, and upon arrival, the procession shut down the eastbound
lanes of traffic. The police arrived, in seven vehicles, but the
atmosphere was neutral. Near the corner, someone had lit candles
around the trunk of a tree. Black, red, and white scarves hung from
the branches. Avendano’s friend Randon Martin, who had been a
Sparrow co-worker, locked a “ghost bike”—a bike painted white to
honor the dead—to the tree. Nearby, a banner hanging from an
abandoned train trestle declared, “The gig economy killed Pablo.
Rest In Power.”
Caviar delivery service to offer free accident insurance. Here's
what that means for couriers
Philly.com, July 26, 2018
Just over two months after 34-year-old bike courier Pablo Avendano
was hit by a car and killed at a Spring Garden intersection while
working for online delivery service Caviar, the company has
announced it will offer free accident insurance for all its
couriers.
It’s a significant move, at the very least symbolically, for an
employer in the on-demand gig economy: Caviar appears to be the
first of its “tech start-up” cohort — think Uber, TaskRabbit,
cleaning service Handy — to offer this type of insurance free. Uber
has a similar offering, which it piloted in several states last
year, but charges for it. These companies don’t offer traditional
protections because their workers are considered independent
contractors, not employees.
Caviar, which is run by a publicly traded San Francisco company
called Square, said the move was not sparked by anything in
particular.
“Simply, we feel that providing insurance to protect couriers while
they’re actively delivering with Caviar is the right thing to do,”
said Square spokesperson Katie Dally.
Avendano’s death has loomed large in Philadelphia and beyond, as an
example of the dangers gig workers face and the protections they
lack because of their status as independent contractors. “The Gig
Economy Killed Pablo,” read a banner at 10th and Spring Garden
Streets, where Avendano was killed.
The accident insurance, offered through a company called OneBeacon
that brands itself as the “market leader in providing occupational
injury products to transportation and gig economy companies,”
includes:
· Up to $1 million per accident for medical expenses.
· $100,000 accidental death benefit if a worker dies, and
survivor benefits for dependents of the worker.
· Disability at 50 percent of a worker’s average weekly
earnings across all on-demand platforms, like Uber and Postmates
instead of just Caviar, up to $500 a week, for up to two years for
temporary disability and five years for continuous disability.
The insurance only covers accidents that happen while a courier is
on a delivery, not while the courier just has the app on. All
couriers will automatically get the coverage, Dally said. It’s
unclear if workers can opt out. Previously, couriers were not
covered by any insurance, though the company required couriers who
used their car or scooter to get vehicle insurance.
Dally could not share how much the insurance would cost the company
but said, “We see minimal impact on our costs.”
IThese kinds of benefits are not always easy to claim after an
accident.
“Just because you have insurance doesn’t mean you’re not going to
have a fight on your hands,” said Shanin Specter of local personal
injury law firm Kline & Specter.
If you think you’re too injured to work, for example, that’s not
enough. The insurance company must also agree.
Some have also raised concerns about Uber’s accident insurance
policy, which was developed by Aon and OneBeacon, the same company
that’s working with Caviar. For one, Uber’s policy requires workers
to identify as independent contractors in order to access benefits —
notable because legal battles are being fought across the country
over the topic of employee classification. In these cases, workers
often want to be classified as employees, and employers want the
independent contractor status because it is cheaper and allows for
flexibility in how they manage their workforce.
Might providing insurance make a case against being able to classify
workers as independent contractors? It’s not clear. Insurance
coverage is an indication of employee status, said Fisher &
Phillips partner Lori Armstrong Halber, but there are many other
factors. And it’s not unusual for companies to provide accident
insurance to their independent contractors, said Winebrake &
Santillo partner Andy Santillo, but what is unusual is that Caviar
is paying for the insurance. Companies normally charge for this kind
of benefit, Santillo said.
Either way, Caviar couriers were cheered by the news. One suggested
that it would make Caviar a more competitive option in a crowded
online delivery landscape.
“If they offered a group health insurance, I could leave my day
job,” said the 45-year-old courier, who asked to remain anonymous
for fear of her day job finding out.
Another longtime courier, Michael Sanders, said he didn’t think it
would affect his work that much but that it was nice to know that
he’d have a form of support if he were to get into an accident. He
added that insurance doesn’t stop aggressive drivers and road-rage
situations, which he says are the most common dangerous incidents he
encounters on the road.
Avendano’s best friend, George Ciccariello-Maher, is part of a group
that, following Avendano’s death, has called for Caviar to classify
its workers as employees, not independent contractors. “By assuming
responsibility for its couriers,” Ciccariello-Maher said, Caviar was
finally recognizing their true status as employees. He also said the
company should send the $100,000 death benefit to Avendano’s family.
(Friends of Avendano’s raised nearly $20,000 in a GoFundMe for his
funeral expenses.)
Ciccariello-Maher sees the insurance offering as a victory of the
“organized movement” fighting for gig workers’ rights.
Still, he said, “we must keep the pressure up until all demands are
met.”