ClickCease Uber Misclassification Settlement | All About AB5 And Health Insurance

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Rideshare Drivers Health Care Benefits

Do Rideshare Drivers Qualify for Health Care Benefits?

California Assembly Bill 5 (AB5) has challenged the gig economy and Uber is not happy about it. The debate on whether Uber and Lyft drivers are independent contractors or employees has been battled in congress for ages. But as the smoke clears and the sun rises, AB5 finally stands victorious. The approval of this bill completely changes the way that not only Uber and Lyft operate, but how their workers are treated in case of an accident.

With over 471,000 Los Angeles residents commuting a day, the possibility of a car accident is higher than ever.

Uber class action lawsuit settlements have been exposed all over the media. In the past, Uber drivers were expected to pay for their own gas, oil changes, and most importantly, health insurance. AB5 has changed all that. West Coast Trial Lawyers supports the passing of AB5 and is always available to answer any questions you may have in regards to this bill.

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Does a Rideshare Driver Need Health Insurance?

On average, rideshare drivers transport about 7 to 8 people a day and are in their vehicle for an average of 4 to 5 hours. Not only can driving for all these hours lead to lower back pain, but the significant amount of random strangers utilizing the vehicle can lead to the spread of illnesses and germs.

In fact, according to a study by the life insurance company, NetQuote, rideshare vehicles hold more than three times as many germs as rental cars and about 220 more germs than taxis.

Surprisingly, the study compared the amount of CFU’s or colony-forming units found on a toilet seat to the number of bacteria growing on rideshare vehicle surfaces, such as seat belts and steering wheels. The study found that rideshare cars have more than quadruple the amount of germs. With so many Uber drivers sitting in the midst of so many germs for so many hours, the chances of getting sick greatly increase.

In addition to the cornucopia of germs you can be exposed to as a driver, many drivers report an extended amount of back pain. Sitting in a car is no different than sitting in a chair, until the vehicle begins moving. Due to the “vibrational overload,” your spine could experience prolonged discomfort, which can lead to shooting or stabbing pains or pains that can radiate down the leg and last for years.

Back pain has been linked to bladder problems, fever issues, and general numbness in the legs. Typical treatment requires the diagnosis of a doctor. Depending on the severity of the back pain, you may be offered medication or physical therapy.

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When injured because of your work, you should seek compensation. It is the belief of many rideshare lawyers that an Uber class action lawsuit settlement is necessary.

Health Insurance vs Auto Accident Insurance

Pedestrian Deaths in Los Angeles

While Uber offers auto accident insurance, it does not offer health insurance. Though health insurance and accident insurance may seem similar because they both deal with the body, they are very different. Generally speaking, health insurance covers your financial damages and medical procedures caused by an illness or injury, while auto accident insurance has more specific guidelines.

Auto accident insurance only covers your damages if:

  1. You were injured as a result of a car crash.
  2. You injured someone else in a car crash.
  3. You’ve damaged someone’s property in a car accident.
  4. You require post-hospital coverage. Auto accident insurance does not cover pre-hospital coverage, such as the expenses from an illness acquired 30 days before hospitalization.
  5. You require disability expenses after an accident.

AB5 and Your Health Insurance

Under AB5 all gig workers, including Uber and Lyft drivers, are now treated as employees rather than independent contractors. With the overwhelming support behind AB5, many drivers are expected to acquire some sort of health insurance. Rideshare lawyers are confident that in addition to this coverage, Uber and Lyft drivers will also receive unemployment insurance, paid parental leave, overtime pay, paid rest breaks, and a guaranteed minimum hourly wage. While each health insurance policy is different, Uber is currently in the decision making process.

Available Damages

Accidents happen. If you were injured as a result of someone else’s negligence, you may be entitled to compensation for your losses. Below is a brief explanation of damages. Damages are a type of monetary award that is determined by a court of law to help compensate an aggrieved individual for any losses or injuries sustained as a result of someone’s negligence.

Economic Damages
Economic damages are intended to compensate a plaintiff for losses that a dollar amount can readily be attached to. Economic damages are calculated by determining the amount of out-of-pocket losses an aggrieved individual has or will expect to incur as a result of their injuries.

A few examples of economic losses include:

  • Loss of Earning Capacity
  • Medical Bills
  • Lost Wages

Non-Economic Damages
Non-economic damages are essentially intended to cover losses that are thought of as subjective and will not necessarily cover out-of-pocket losses. Non-economic damages may include compensation for:

  • Emotional Distress
  • Pain and Suffering
  • Loss of Enjoyment of Life

Punitive Damages
The third type of damages a California court may award are known as punitive damages. Punitive damages are intended as punishment and are only awarded when a defendant’s behavior is especially harmful. Punitive damages are relatively rare and in fact are only incorporated in 5 percent of all verdicts.

West Coast Trial Lawyers Is Here to Help

If you were involved in an Uber or Lyft accident, our experienced personal injury attorneys at West Coast Trial Lawyers will help you get the compensation you deserve for your losses. We are committed to resolving your legal issues as quickly as possible while receiving the best results. Our clients are represented on a contingency fee basis. If we do not win, you owe us nothing. There is no financial risk to prevent you from reaching out.

Contact us today by calling (213) 927-3700 or emailing [email protected] to schedule a free, no-obligation consultation with our knowledgeable, caring, and compassionate legal team.

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