Hero
Delivery couriers in NYC are misclassified as independent contractors, but when they are hurt on the job, multiple layers of insurance and the changing landscape of gig-worker law can create unexpected recovery paths. Most couriers I see assume they have nothing because the platform tells them they are not employees. They are wrong about that, and the screenshot of the active delivery is often worth more than they realize.
What's different about a delivery courier injury case
Delivery couriers in NYC sit at the intersection of three legal regimes: traditional motor-vehicle injury law, gig-worker classification law, and an evolving body of NYC-specific protections under Local Law 115 and related ordinances. When a courier is hit by a car while delivering, the at-fault driver's no-fault PIP under Insurance Law § 5104 covers initial medical and lost wages, and bodily injury liability covers damages above the threshold under § 5102(d).
Both DoorDash and Uber Eats provide occupational accident policies (typically $1 million in liability and $25,000 in medical) when the worker is on an active delivery. Grubhub coverage varies. The active-delivery screenshot is therefore as important as the rideshare app screenshot in passenger cases. If you do not preserve it, the platform will deny that the delivery was active and the policy will not respond.
Workers' compensation is generally not available because couriers are classified as independent contractors, though that classification is being challenged in court and through legislation. NYC's Local Law 115 imposes minimum-pay obligations and creates some delivery-worker protections but does not extend full workers' comp. Premises claims against the customer's apartment building (icy stoop, dim vestibule, broken elevator) follow standard notice rules and can run in parallel with the platform claim.
Combining no-fault PIP, the platform's occupational accident policy, and any third-party liability is the only way to fully compensate a serious injury. Each track has its own notice requirements and deadlines, and the misclassification issue means workers' comp is rarely a backstop the way it is for traditional W-2 employees.
Applicable law
New York Workers' Compensation Law § 10 sets compulsory coverage requirements for employees. Whether app couriers qualify as covered employees under § 10 is unresolved, given ongoing independent-contractor classification challenges. NYC Administrative Code § 20-1701 et seq. codifies food delivery worker protections including minimum pay, route-information disclosure, and certain safety obligations. New York Insurance Law § 5102 governs no-fault thresholds and personal injury protection when a motor vehicle is involved in the courier's injury, providing initial medical and lost-wage coverage regardless of fault.
New York Vehicle and Traffic Law § 388 imposes vicarious liability on vehicle owners for the negligent operation of their vehicles, which becomes important when the at-fault driver is using a leased or company-owned car. New York Labor Law § 195 et seq. addresses wage and hour obligations and can support parallel claims when the platform's classification is challenged. The personal injury statute of limitations is three years under CPLR § 214(5).
The interaction matters. A courier struck by a car has a no-fault PIP claim under Insurance Law § 5104, a third-party liability claim against the at-fault driver, a potential occupational accident claim under the platform's policy, and a potential premises claim against the customer's building if the fall happened on a stoop or in a vestibule. Each requires its own notice and proof. Failing to assert any one of them often leaves money on the table, which is why the active-delivery screenshot and the GPS log have to be preserved before the app refreshes.
What to do right after
- Screenshot the active delivery in your app immediately. Capture time, route, and the order ID. Save the GPS log of the delivery (export from app or platform).
- Photograph the bike, scooter, or vehicle and any visible damage. Take photos of yourself and any visible injuries.
- Get the police report (NYPD MV-104A) if a vehicle was involved. Identify any other parties (drivers, pedestrians, building staff).
- Notify the platform of the injury through in-app reporting. Save the confirmation. This triggers their occupational accident process.
- Seek medical care immediately and document all expenses. Do not give a recorded statement to the at-fault driver's insurer or the platform's claims administrator before calling me.
Typical defendants
- Other motorist or pedestrian who caused the crash. Primary at-fault party for the third-party claim.
- DoorDash, Uber Eats, Grubhub, Relay. The platform, on occupational accident policy and emerging classification theories.
- Restaurant or merchant. The pickup location in cases where the merchant created a hazard.
- E-bike or scooter manufacturer. In mechanical failure cases involving brake, battery, or frame defects.
- Property owner. For delivery-site falls on stoops, vestibules, or in apartment lobbies.
- Apartment building. For unsafe vestibules, dim hallways, or malfunctioning elevators.
CTA + Compliance
If you were hurt while delivering, the active-delivery screenshot and GPS log have to be preserved before the app overwrites them. Call my cell directly or fill out the contact form. Spanish and Arabic available on request. Free consultation. Prior results do not guarantee a similar outcome; every case turns on its own facts.