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Content Moderator Compensation Claim Form
Facebook Agrees $52 Million Settlement with American Content Moderators
In the United States, Facebook has agreed, as part of a preliminary settlement filed last Friday in California’s San Mateo Superior Court, to pay $52 million to existing and former content moderators for their platform as compensation for the psychological suffering they endured as a result of the material they had to view and the work targets they had to make.
The affected content moderators that will be compensated were employed since 2015 at locations in the United States including California, Arizona, Texas, and Florida. Final approval is due later in 2020 after a period of time is allowed for those who participated in the class action to comment on the proposed settlement and request any changes.
Coleman Legal are currently representing a number of former Facebook content moderators in a similar legal action in Ireland, many of whom were employed by external vendors including CPL. This legal action claims that the content moderators experienced psychological trauma due to unacceptable work conditions and inadequate support systems to allow employees to manage the stressful nature of the position and the often quite graphic content they had to review.
Partner at Coleman Legal. Dave Coleman said: “The recent developments in some States of the United States are to be welcomed. The acknowledgements from Facebook that seem to be contained in the proposed Settlement are an important first step taken by Facebook in this case. We hope to see clarity soon with regard to the issue of outsourced workers who carried out commercial content Moderation for Facebook. In the meantime the Irish cases, on behalf of European Commercial Content Moderators continue to be progressed before the Irish Courts and further comment at this time would be inappropriate.”
The ruling in the U.S. finally acknowledges the extreme conditions associated with social media moderation. In addition to the preliminary settlement agreement Facebook have revealed that it will be providing additional counselling for those carrying out content moderation duties on their platform going forward..
The terms of the proposed settlement state in the US states that every moderator will receive a minimum of $1,000. However, a content moderator may request additional compensation if they are found to be suffering with post-traumatic stress disorder or related conditions. Anyone who is diagnosed with a mental health condition is entitled to claim up to $1,500 more, and people who receive multiple concurrent diagnoses — PTSD and depression, for example — could be eligible for compensation up to $6,000. Along with this compensation, which is intended to be used for medical treatment, moderators with a qualifying diagnosis will be entitled to submit evidence of other injuries they experienced during their time at Facebook and could receive up to $50,000 in compensation.
In total the preliminary settlement includes 11,250 facebook content moderators. However, the exact number sums of compensation paid out to each individual will vary depending on how many members of the class action that apply for benefits.
Frequently Asked Questions
Does my Employer owe me a duty of care for psychological injuries?
Where it is reasonably foreseeable that an employee is working under such pressure that could cause mental health issues, you employer owes you a duty to take reasonable steps to address these issues.
Once a duty of care is established and you as an employee have sufferent a psycological inusry as a result of your employer’s negligence you can take a claim for injuries suffered.
Do I have the same rights and safeguards being a third-party employee?
An employer is legally required to provide yo with a safe place of work and a safe system of work. Historically agency workers were treated in an entirely different manner to those workers who were hired directly into the workforce. Whilst the employment agency is the employer, the company is also respomsoble for breaches of the Safety, Health and Welfare at Work Act, 2005.
Your right to being protected under Health and Safety Regulations are the responsibility of both the company company where you are doing the temporary work and the agency.
I was previously employed to review graphic content that caused me psychological injuries, however, I was not aware at the time that the content I reviewed had caused psychological injuries, can I take a case against my employer now?
A person has two years from the date they become aware they have been injured in which they can make a claim for compensation. It is important to seek legal advice as soon as possible to ensure you can take a claim that will not be statue barred.
How do I know if I have suffered a psychological injury?
Psychological injuries are not always immediately obvious and only become evident over a period of time. It is important that you are correctly diagnosed with a medically recognised psychological illness/Injury.
Each case is unique and the effect of psychological injuries or PTSD will wary with each individuals.
Costs-I don't have any resources to fund my case, how much will it cost me and how can I take a claim?
It is important to note that no solicitor’s fee may be calculated as a percentage of any award or settlement you receive. Any fees calculated by your solicitor must be calculated as a representation of any work carried on your case. The team at Coleman Legal are supportive in every way of your case and we are aware of a positive outcome for commercial content moderators in the US. We will NOT CHARGE you legal fees if your case is unsuccessful. It is important to note that you may be liable for the other side’s legal defence or any costs such as medical fees for reports, or other costs for exsperts reports, etc. If you case is successful in court or settled out of court, you will then have to pay legal fees.
EU Content Moderators- I am not based in Ireland, however, I am a content moderator working for a third-party agency who assign us work under the direction of a contractor where their headquarters are based elsewhere in Europe, can I take a case?
EU Citizens and residents who were working as content moderators in an EU country may take their case through the Irish Courts once the headquarters are based in Ireland.
What are my rights as a current employee of the contractor or a third-party agency?
Irish Law safeguards the rights of employees, and these include a facility to make a claim for compensation againts your current employer where they have failed in their duty of care towards you. Employers have a duty to protect their employees from injury and provide a safe place of work. when you have suffered an injury as a result of stress in the workplace you can make a personal injury compensation against your employer.
Will the current Covid-19 pandemic prevent me from taking my claim or cause delays to my claim?
Covid-19 has affected everybody. We are fully operational during covid-19 crisis. We continue to receive instuructions throughout Europe. Our services are being conducted over the phone and with video calling to ensure the safety of our clients while providing minimal disruption to our services.
Content moderator compensation claim
If you are a Content Moderator suffering from mental or psychological trauma caused by your job, Coleman Legal urges you to speak to an experienced solicitor. Confidentiality will be given utmost priority.
84 Talbot Street, Dublin 1
1800 844 104