Written by Carter Capner Law
Updated on April 4, 2025This article provides general educational information only and does not constitute legal advice. It is intended for gig economy workers in Queensland, Australia. For advice specific to your situation, contact a qualified legal professional.
If you’re injured while delivering for a food platform like UberEats or DoorDash, what happens next? In Queensland, gig workers often find themselves without insurance — or even a clear path to compensation. This guide breaks down what’s covered, what isn’t, and what you can do to protect yourself on and off the road.
1. The Problem: Gig Work Injuries Are on the Rise
Common Incident | Example |
---|---|
Collision | Rider hit by car door opening suddenly on main road |
Slip or Fall | Delivery bike crashes during rain due to oil on the road |
Burn Injury | Hot coffee spills during a brake-check moment |
Mental Burnout | App pressure leads to fatigue, panic attacks, or anxiety |
“Gig platforms prioritise speed over safety, leaving riders exposed.” – Transport Workers’ Union (TWU)
In 2020 alone, at least five delivery riders died while working. Today, riders continue to face pressure to deliver faster — often with no clear insurance coverage.
2. Platform Insurance: What’s Actually Covered?
Each platform handles insurance differently. Here’s how the four big players compare:
Platform | Injury Cover | Income Protection | Third-Party Liability |
---|---|---|---|
UberEats | Optional (via partner insurer) | Optional | Yes (during trips only) |
DoorDash | Yes (active trips only) | Limited | Limited (depends on claim) |
Menulog | No cover provided | No | No |
HungryPanda | No cover provided | No | No |
⚠️ What’s NOT covered:
- Waiting for jobs
- Returning home after a shift
- Using your vehicle for non-work errands
- Most mental health conditions
3. What to Do If You’re Injured on a Delivery
Step | Action |
---|---|
1. Get Medical Help | See a GP or attend hospital. Ensure the cause of injury is clearly noted as work-related. |
2. Report to Platform | Uber: App > Help > Trip Issue DoorDash: App > Dasher Support Menulog/HungryPanda: No in-app option – consider a police report. |
3. Collect Evidence | Photos, dashcam footage, delivery logs, medical records, police reports. |
4. Contact a Lawyer | Seek advice early, especially for denied claims or third-party fault cases. |
Tip: Always screenshot your delivery app’s “in-progress” screen if an incident occurs. It proves you were actively working.
4. Are You an Employee or a Contractor?
Factor | Employee | Contractor |
---|---|---|
Controls work hours? | Employer | Rider |
Receives super & sick leave? | Yes | No |
Eligible for WorkCover? | Yes | No (unless reclassified) |
Can access unfair dismissal protection? | Yes | No |
In 2024, a DoorDash rider in NSW was ruled an employee due to tight control over pay and scheduling. This legal precedent could reshape gig economy protections across the country.
Reclassification may allow access to WorkCover, superannuation, and award wages.
5. What If the Platform Won’t Pay?
If platform insurance is denied, you may still be able to make a claim elsewhere:
Claim Type | Applies When… | Example |
---|---|---|
CTP (Car Insurance) | Another driver caused the accident | Car swerves into you mid-delivery |
Public Liability | Injury occurs on unsafe property | Slip on greasy restaurant floor |
Victims of Crime | Injury due to assault or robbery | Attacked while delivering at night |
Case Study: A Menulog rider won $95,000 after slipping on a wet restaurant floor — via a public liability claim, not through the platform.
6. Protect Yourself: Tools & Gear You Need
Platforms might not protect you — but that doesn’t mean you can’t protect yourself.
Item | Why It Matters |
---|---|
Personal Insurance (AAMI, GIO) | Fills the gap when platforms won’t pay. Covers both injury and income loss. |
Helmet (certified) | Protects against head trauma — mandatory in QLD. |
Dashcam / Bodycam | Captures proof in case of accident, assault, or disputes. |
High-Vis Vest | Makes you more visible — essential at night. |
TWU Membership | Grants legal support, access to advocacy, and safety resources. |
7. FAQs
Q: Can I claim WorkCover?
A: Only if you’re classified as an employee. Most riders are not — yet.
Q: Can I make a claim if I was off-shift?
A: Possibly, through CTP or public liability — but not through Uber/DoorDash’s insurer.
Q: Does income protection include mental health?
A: Some policies do, but documentation is required. Ask your insurer.
Q: Should I hire a lawyer?
A: Yes — especially for third-party claims or denied insurance payouts.
8. Final Checklist for Riders
- ✅ Secure private insurance before your first shift.
- ✅ Use certified safety gear on every ride.
- ✅ Document all shifts with screenshots and delivery logs.
- ✅ Report incidents fast through in-app tools or the police.