Injured While Working as a Delivery Driver? New Protections for Gig Workers.
Published on September 16, 2026 by Julia Harrison and Julia Dattilo
From 17 August 2026, new minimum standards have come into effect for certain delivery drivers and riders working in the gig economy, providing greater protection for workers who may be injured while performing delivery work.
The changes apply to eligible “employee-like workers” who are engaged through digital platforms, such as Uber Eats and Deliveroo, to provide on-demand deliveries, including the delivery of food, drinks and supermarket groceries.
Why are these changes important?
Delivery drivers and riders working through digital platforms are generally engaged as independent contractors rather than employees.
This distinction is important when a worker is injured. Unlike employees who are generally covered by workers compensation insurance for injuries sustained at work, independent contractors may fall outside the ordinary workers compensation scheme.
This has historically left many gig economy workers with more limited protection if they are injured while performing delivery work.
The new Interim On-Demand Delivery Employee-like Worker Minimum Standards Order 2026 seeks to address some of this gap by introducing minimum standards for eligible delivery workers.
New personal accident insurance protections
One of the most significant changes for injured delivery workers is the requirement for digital labour platform operators to have personal accident insurance policies for workers covered by the Order.
Personal accident insurance is different from workers compensation. It is an insurance policy which may provide financial benefits when a worker suffers an injury covered by the policy.
The benefits available will depend on the particular insurance policy, including its terms, limits and exclusions.
For delivery workers who may not have access to workers compensation because they are independent contractors, this provides an important additional safety net if they are injured while performing delivery work
What should you do if you are injured while making a delivery?
If you are injured while working as a delivery driver or rider, you should report the injury to the platform and seek appropriate medical treatment.
You should also find out whether you are covered by the platform’s personal accident insurance and what benefits may be available under the policy.
Depending on how your injury occurred, there may also be other avenues of compensation available. For example, if your injury arose from a motor vehicle accident, you may have separate rights under the NSW motor accidents scheme.
Determining which compensation or insurance scheme applies can depend on the circumstances of the accident and your working arrangements.
If you have been injured while performing delivery work and are unsure about your rights, Carroll & O’Dea Lawyers can advise you about the compensation and insurance options that may be available to you.
This article was published on 16 September 2026 by Carroll & O’Dea Lawyers and is based on the relevant state of the law (legislation, regulations and case law) at that date for the jurisdiction in which it is published. Please note this article does not constitute legal advice. If you ever need legal advice or want to discuss a legal problem, please contact us to see if we can help. You can reach us on 1800 059 278 or via the Contact us page on our website. (www.codea.com.au). If you or a loved one has been injured, use our Personal injury Claim Check now.
