New York City Delivery Worker Injury Lawyers

You were hurt while making a delivery. Maybe a driver cut you off on Second Avenue, your e-bike battery caught fire, or you slipped on an icy stoop with an order in your hand. Now you can’t work, and you don’t know whether the app, your employer, or anyone else has to help.

A delivery worker injury lawyer can answer that. In New York, two factors shape your options: how you are classified (as an employee or an independent contractor) and who caused your injury. Douglas & London can sort out both in a free consultation, and you don’t pay us anything unless we win your case.

Contact us to schedule a free consultation and discuss what happened.

Employee or Independent Contractor? Why Your Status Matters

Drivers for package carriers, grocery chains, and Amazon delivery service partners are often employees who get a W-2. Couriers who work through Uber Eats®, DoorDash®, or Grubhub® are usually treated as independent contractors.

That label matters because New York workers’ compensation covers employees, not independent contractors.

The label in your app agreement doesn’t settle the question, though. The New York State Workers’ Compensation Board looks at how the work actually happens:

• Control: The Board asks who decides how, when, and where you work.
• Pay: It looks at whether you’re paid a wage, by the job, or through a paycheck with withholding.
• Equipment: It considers who supplies the vehicle, bags, and other gear.
• The Business Itself: It weighs whether your work is a core part of the company’s business.

When a company controls your work like an employer but calls you a contractor, that may be misclassification. A misclassified worker may be eligible for workers’ comp benefits the company never offered. It’s one of the first things we review.

Can Gig Delivery Workers Get Workers’ Compensation in New York?

If You’re an Employee

Workers’ comp pays for your medical care and part of your lost wages without requiring you to prove your employer did anything wrong. In exchange, you generally can’t sue your employer.

The deadlines are strict. Tell your employer about the injury in writing within 30 days, and file your claim with the Workers’ Compensation Board within two years. Our NYC workers’ comp lawyers can help with the paperwork and with appeals if your claim is denied.

If You’re an Independent Contractor

Contractors generally fall outside workers’ comp. Some apps offer their own accident coverage in certain states, but terms vary, so check your app’s current policy and save a copy.

The city knows this gap exists. The NYC Department of Consumer and Worker Protection (DCWP) set its minimum pay rate for app-based restaurant delivery workers to account for benefits they don’t receive. That doesn’t create a workers’ comp claim, but other paths to recovery still exist.

How to File an Injury Claim Against a Delivery App Company

Suing an app company directly is often hard. Many contractor agreements include arbitration clauses that move disputes out of court.

Depending on what happened, you may still have:

• A Workers’ Comp Claim: If you were misclassified, the Board can treat you as an employee.
• An Insurance Claim: Accident coverage the app provides may pay part of your losses.
• A Negligence Claim: In limited situations, a company’s own unsafe practices may support a claim.
• A Claim Against Someone Else: The strongest path is often against the driver or property owner who caused the injury.

Report the injury in writing through the app, and talk with a lawyer before you give a recorded statement to any insurance company.

Douglas & London has taken major corporations to trial, including Bayer and Janssen, and we bring that same preparation to claims involving delivery apps. Schedule a free consultation to learn where you stand.

Who Is Liable When a Delivery Cyclist Is Hit in Manhattan?

Being an independent contractor does not stop you from suing a driver who hit you. Employees have the same right: you can collect workers’ comp and also bring a third-party claim against someone other than your employer.

Depending on the crash, responsible parties can include:

• Drivers: A car, taxi, or truck driver may have run a light, turned without looking, or caused a dooring crash.
• Vehicle Owners and Employers: Companies can be responsible for crashes their drivers cause on the job.
• The City of New York: The city may be responsible for a pothole or broken pavement in a bike lane, but you generally must file a Notice of Claim within 90 days.
• Property Owners: Owners can be liable for broken stairs, dark entryways, or unsafe loading areas.
• Manufacturers: A defective e-bike, brake, or battery can support a product liability claim.

Manhattan keeps couriers in close contact with traffic. The protected bike lanes on First, Second, and Eighth avenues carry a steady stream of delivery riders, and turning cars and trucks cut across those lanes at intersections.

The Queensboro and Williamsburg bridges carry riders between boroughs all day, making these crossings common sites of NYC e-bike crashes.

How No-Fault Insurance Applies

New York is a no-fault state. If a car hits you while you’re on a bicycle or on foot, the car’s insurer generally covers your initial medical bills and lost wages, regardless of who was at fault. Coverage for e-bike and moped riders can turn on how state law classifies the vehicle, so have it checked early. Our guide to no-fault and bike crashes explains more.

To sue the driver for pain and suffering, your injury must meet the serious injury threshold. Injuries that are considered serious for this purpose include fractures, significant disfigurement, and injuries that keep you from your usual activities for 90 of the 180 days after the crash.

New York also uses pure comparative negligence. You can still recover if you were partly at fault, but your award is reduced by your share of the blame.

NYC Delivery Worker Laws That Protect You

New York City set a first-of-its-kind minimum pay rate for app-based restaurant delivery workers. DCWP was required to study the pay and working conditions of app-based food delivery workers and set a minimum payment the apps must meet.

The rate reached $21.44 an hour before tips in April 2025 and is adjusted each year for inflation.

Other 2021 laws gave delivery workers bathroom access at restaurants where they pick up orders and more information about pay and tips. City rules also bar the sale of e-bikes and batteries that lack recognized safety certification, a response to deadly lithium-ion battery fires.

These are pay and working-condition rights, and do not apply injury claims. DCWP enforces them, and you can file a complaint through 311 separately from any injury case.

Does New York’s Scaffold Law Cover Delivery Workers?

Usually not. Labor Law § 240(1), known as the Scaffold Law, protects workers doing construction, demolition, repair, or alteration work from gravity-related hazards like falls from heights and falling objects. Dropping off food or packages generally isn’t covered work, even at a building under construction.

Other protections may still apply. Labor Law § 200 requires owners and contractors to keep work areas reasonably safe. New York premises liability law can also hold owners responsible for broken stairs, missing handrails, or uncleared ice at a delivery address. If you were injured on or near a job site, our construction accident attorneys can review whether a Labor Law claim applies to your situation.

Common Injuries Delivery Workers Suffer

Common delivery worker injuries include:

• Traumatic Brain Injuries: A fall from an e-bike can cause a concussion or a more serious brain injury, even with a helmet.
• Broken Bones: Wrists, collarbones, legs, and hips often take the impact in a crash.
• Spinal Cord and Back Injuries: Back and spinal cord injuries can mean months off work or permanent limits.
• Road Rash and Scarring: Deep abrasions can lead to infection and lasting marks.
• Burns: Lithium-ion battery fires can cause severe burns and smoke inhalation.
• Dog Bites: A bite from an unleashed dog at a customer’s door can cause deep wounds.

What to Do After a Delivery Injury in NYC

Once you’re safe, these steps help protect a future claim:

• Call 911: An NYPD report creates an official record of what happened.
• Get Medical Care Right Away: NYC’s Level I trauma centers include NYC Health + Hospitals/Bellevue in Manhattan, NYC Health + Hospitals/Elmhurst in Queens, NYC Health + Hospitals/Jacobi in the Bronx, and NYU Langone Hospital-Brooklyn.
• Save Your App Data: Screenshot the active order, route, and earnings before anything changes.
• Photograph Everything: Take pictures of the scene, the vehicle, your injuries, and your gear.
• Keep Damaged Equipment: A damaged e-bike or battery may be key evidence.
• Get Witness Information: Collect names and phone numbers of anyone who saw the crash.
• Report the Injury in Writing: Notify your employer or the app, and keep a copy.

If a motor vehicle was involved, you may also need to file a DMV accident report (Form MV-104) within 10 days. If you were hit by someone else making a delivery, our guide on being hit by a delivery driver walks through that situation.

Frequently Asked Questions

Can I get workers’ comp if I deliver for DoorDash® or Uber Eats® in NYC?

Usually not, because these apps treat couriers as independent contractors. But if the company controls your work like an employer, you may have a misclassification argument, and claims against at-fault drivers remain open.

What if the app says I’m an independent contractor?

The agreement is only one piece of evidence, and the Workers’ Compensation Board looks at how the work is actually performed. Even as a contractor, you can pursue a claim against whoever caused your injury.

Can I sue the driver who hit me during a delivery?

Yes, if the driver was at fault and your injury meets New York’s serious injury threshold. Employees and contractors can both bring this claim, generally within three years from the crash under CPLR § 214.

Does no-fault insurance cover delivery workers on e-bikes?

It can. No-fault generally covers cyclists struck by a motor vehicle, but how state law classifies your e-bike or moped can change the answer.

Does my immigration status affect my injury claim?

New York workers’ compensation covers eligible employees regardless of immigration status, and you can bring an injury claim against a negligent driver or property owner. Your consultation with us is confidential, and our team includes Spanish-speaking staff.

How long do I have to file a delivery worker injury claim in New York?

It depends on the claim. You generally have three years to sue an at-fault driver or property owner, but only 90 days to file a Notice of Claim against the city. For workers’ comp, notify your employer in writing within 30 days and file with the Board within two years.

What if my e-bike battery caught fire and hurt me?

You may have a product liability claim against the battery or e-bike maker or seller. Keep the battery, charger, bike, and receipts, and don’t hand the equipment over for testing before you speak with a lawyer.

Can an app deactivate me for reporting an injury?

New York’s Workers’ Compensation Law § 120 bars employers from retaliating against employees who file workers’ comp claims. Protections for app-based contractors are less clear. If you were deactivated after reporting an injury, save the messages and talk with a lawyer about your options.

Do I have to pay a lawyer upfront?

No. There’s no fee unless we win, and your first consultation with Douglas & London is free.

Douglas & London Stands Up for Injured NYC Delivery Workers

You keep this city fed and supplied, often in traffic and weather most people avoid. If you were hurt doing that work, you deserve clear answers, whether you’re an employee, a contractor, or not sure which.

Douglas & London is a personal injury law firm with the resources to win, and we fight for the rights of our clients against drivers, property owners, and large companies. Consultations are free, our team includes Spanish-speaking staff, and there’s no fee unless we win.

Contact Douglas & London today to schedule a free, no-obligation consultation about your delivery worker injury.