You are walking through a grocery store you’ve been to hundreds of times filling a customer’s Instacart order. Suddenly, your feet slip out from underneath you as you fall to the ground. Everything happened so fast, you didn’t have time to brace yourself, and you ended up landing flat on your back. Now, you’re laid up for an unknown amount of time. You can’t work, you’re facing the reality of thousands of dollars in medical expenses, and you don’t know what your options are.
As an Instacart personal shopper, you’re likely considered an independent contractor, meaning you probably aren’t eligible for workers’ compensation benefits. However, that doesn’t mean you can’t recover compensation for your injuries. You may be able to bring a slip and fall lawsuit against the grocery store near you with Instacart Shopper Injury Protection.
What is Instacart Shopper Injury Protection? In 2019 Instacart added injury protection insurance as a benefit to personal shoppers. The comprehensive insurance coverage is for all full-service Instacart shoppers for up to $1 Million for medical costs, disability, and survivors’ benefits.
At the law firm of Console & Associates, P.C., our dedicated slip and fall lawyers proudly represent Instacart personal shoppers, helping them obtain meaningful compensation after suffering preventable injuries. We recognize the challenges you face as a gig economy worker when injuries you suffered on the job prevent you from working. That’s why we do everything we can to connect you with the compensation you need to get back on your feet after an accident. If you decide to bring a case with Console & Associates, P.C., our No Fee Promise means that you won’t be responsible for any legal fees unless we can recover compensation on your behalf.
Call us today at (866) 778-5500!
Signing up to be a personal shopper with Instacart is a great way to make money on your own terms, whether it’s in addition to your full-time job or as a side-hustle. However, due to the fact that you are not technically an employee of Instacart, it can make recovering compensation after an accident challenging.
At the slip and fall law firm of Console & Associates, P.C., we proudly represent Instacart personal shoppers and other gig economy workers in personal injury lawsuits. We command an in-depth understanding of the laws allowing gig economy workers to recover the compensation they deserve from negligent grocery stores and other potentially liable parties. Our Instacart slip and fall lawyers also provide free consultations to every prospective client, during which we will explain the process in clear, understandable terms. That way, you know what to expect throughout the process and can make the best decision for yourself and your family.
Yes, you can sue Instacart. If you were involved in a car accident while you were driving for Instacart, you have the right to file a claim. If you suffered injuries, you could be eligible to file a lawsuit.
Instacart personal shoppers injured in a slip and fall accident at a nearby grocery store do not need to sue Instacart to recover compensation for their injuries. In fact, the way that Instacart structures its relationships with personal shoppers makes recovering damages from Instacart very challenging. Thus, if you suffer serious injuries in a slip and fall accident while working as a personal shopper for Instacart, chances are that Instacart will turn you away and tell you to pursue your claim against the grocery store. This is because, to hold Instacart liable, you would need to prove that the company was somehow negligent and that its negligence was the cause of your injuries. In most grocery store and parking lot slip and fall matters, Instacart had no role in causing the accident. Thus, it would be very difficult to recover damages from Instacart in most situations. If you are asking, “Can you sue Instacart?”, the answer is yes, but an Instacart lawsuit is complicated.
Instacart is an online grocery delivery service that was founded in San Francisco in 2012. Through the company’s website or smartphone app, the company allows customers to order groceries from their home computer or cell phone. Instacart then sends a customer’s order to a personal shopper near you who fills the order. An Instacart delivery driver then delivers the customer’s order to their home.
Like many other technology service companies, Instacart’s business model relies on the use of independent contractors nearby. Thus, rather than hiring personal shoppers as full-time or part-time employees, Instacart considers these workers independent contractors. This reduces the cost of labor because Instacart does not need to provide its personal shoppers with benefits or pay payroll taxes. Additionally, because Instacart personal shoppers are independent contractors and not employees, it also significantly limits the company’s liability in the event of an Instacart personal shopper slip and fall accident.
Workers’ compensation is a no-fault system that helps connect injured workers with limited benefits in the event of an on-the-job accident. In some ways, workers’ compensation claims are preferable to personal injury lawsuits because you don’t need to prove fault to obtain workers’ compensation benefits. The workers’ compensation claims process is also often much quicker than the personal injury claims process.
However, workers’ compensation benefits are only available to employees of covered businesses. And because Instacart personal shoppers are classified as independent contractors, they are not usually eligible for workers’ compensation benefits. The result is that Instacart personal shoppers cannot file a workers’ comp claim after suffering slip and fall injuries. However, they can pursue legal action against the grocery store or another party who was responsible for their injuries. This is why we help with Instacart lawsuits and shopper injury protection.
Yes. In fact, this is the primary way that an Instacart personal shopper can recover financial damages after a slip and fall accident. Personal shoppers can bring a type of premises liability case called a slip and fall claim following an accident in New Jersey.
Premises liability is the name given to the body of law governing the duties property owners owe to their guests. While states vary in their approaches to property owners’ obligations, most states use one of two legal frameworks.
Many states assess a property owner’s duty to a guest based on the reason for the guest’s visit. Under this approach, visitors are classified into one of three categories: trespasser, licensee or invitee.
Trespasser – A trespasser is on another’s property without the owner’s permission. Property owners usually only need to refrain from intentionally causing harm to a trespasser.
Licensee – A licensee is present on another’s property for the mutual benefit of the visitor and the property owner. Property owners must generally make the necessary efforts to fix known dangers on their property and warn licensees of any known dangers.
Invitee – An invitee has an implied or express invitation onto another’s property for commercial purposes. Property owners must not only cure any defects and warn invitees of any known dangers on their property but also conduct periodic inspections to uncover any less obvious hazards.
In most states, Instacart personal shoppers are considered invitees of a grocery store, meaning they are owed the highest duty of care. Of course, if a slip and fall accident occurred outside of a grocery store, such as in a parking lot, the situation may be a bit murkier.
While most states base a property owner’s duty to its guests on the reason for the guest’s visit, others impose one duty on all property owners, regardless of the guest’s status. In these states, property owners typically have a duty to exercise reasonable care in maintaining their property. This often includes a duty to cure any known hazards and may include an affirmative duty to inspect their property for any dangers that are not as obvious.
Instacart personal shoppers face various hazards as they fill customers’ orders. Numerous slip and fall incidents led to the Instacart shopper injury protection. Some of the most common slip and fall accidents are caused by the following:
Grocery stores may not seem like dangerous places, but this assumes that the store is taking the appropriate actions to ensure visitors’ safety. There are a variety of hazards that can cause a personal shopper to slip and fall, including:
Of course, these are just a few of the dangerous conditions that an Instacart personal shopper may encounter when filling a customer’s order; there are many others.
Most grocery store parking lots are outside and, as a result, exposed to the elements. However, this does not necessarily alter the store’s duty to protect the safety of its guests. Some of the most common parking lot hazards include:
However, accidents occurring in a parking lot can raise certain complications because grocery stores may not own the parking lot. In this case, an Instacart shopper must identify who owns the parking lot as well as who has the duty to maintain it.
For example, a grocery store may rent the building from a commercial real estate company, which has a contract with another company to maintain the parking lot. These complex business relationships can make it more challenging to know who to name in an Instacart personal shopper slip and fall accident lawsuit. At Console & Associates, P.C., our personal injury lawyers have more than 25 years of experience investigating slip and fall accidents, so we know where to look for potential liability.
Our New Jersey slip and fall lawyers handle every Instacart lawsuit accident claim on a no-win, no-fee basis. That’s our No Win No Fee Promise. We receive a percentage of the settlement, and if the claim is not successful, you pay nothing for attorneys’ fees.
Additionally, at Console and Associates, P.C., we advance thousands of dollars in costs for each of our client’s claims – and, for cases that are far into the litigation phase, up to tens of thousands of dollars. We’re happy to take on this burden so that our clients have the opportunity to get justice, no matter what their current financial situation is.
Fortunately, you never have to worry about coming up with the money for these expenses when you have the New Jersey slip and fall accident lawyers at Console and Associates on your side.
If you fell in a nearby parking lot or store while working for Instacart, you may have suffered serious injuries. Your injuries may keep you from working or otherwise living your life the way you normally do. You deserve to be compensated, not only for the impact the accident had on your life but also for your medical expenses and your other accident-related expenses.
By bringing a slip and fall lawsuit, you may be able to recover money damages. While state laws differ in terms of the available damages in an Instacart slip and fall claim, as a general rule, personal shoppers can recover for their economic and non-economic damages.
Economic damages are the out-of-pocket costs you incurred because of the accident. They also include the money that you would have earned but couldn’t because of the accident. Examples of non-economic damages include:
Notably, even though as a personal shopper you are not an “employee,” you can still recover your lost wages. However, you must prove the amount of money you would have made during the period you were unable to work.
The other category of damages available in an Instacart slip and fall claim is non-economic damages. Non-economic damages include compensation for the emotional and psychological impact that the accident had on your life. While these damages are harder to put a numerical value on than economic damages, they are just as important. For example, a court may award non-economic damages for any of the following:
If you’ve been injured as an Instacart personal shopper, it is imperative that you work with an experienced slip and fall lawyer who can identify the full extent of your economic and non-economic damages. Remember, you only get one opportunity to file a personal injury lawsuit after an accident, so it’s essential that it’s done right the first time.
If you are an Instacart personal shopper who was recently injured while filling a customer’s order, reach out to Console & Associates, P.C. slip and fall lawyers to learn more about the possibility of bringing a personal injury lawsuit. At Console & Associates, P.C., we have more than 25 years of experience representing the interests of accident victims and helping them obtain the compensation they need to get their lives back on track. In recent years, we’ve worked closely with many gig workers who often encounter unique challenges when seeking compensation for their injuries. Our lawyers are here to help in any way we can.
We believe that your ability to get your life back on track shouldn’t depend on your ability to pay. At Console and Associates, it never will. When you have been injured due to someone’s negligence, the financial burden can be tremendous. That’s why we work on a contingency fee basis – if we don’t get you money, you don’t pay us anything, and you’ll never be charged an hourly fee.
To learn more, and to schedule a free consultation, give us a call at (866) 778-5500 today. You can also fill out our secure contact form.
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