Boston Gig Workers’ Rights: Glenn v. Uber 2025 Impact

As a personal injury attorney in Boston, I’ve seen firsthand the complex legal landscape facing individuals injured while working in the burgeoning gig economy. A recent Massachusetts Appeals Court decision, Glenn v. Uber Technologies, Inc. (2025), has significantly reshaped how we approach worker classification and liability for injuries, particularly for those performing services like an Instacart shopper in Boston who suffers a slip and fall incident. This ruling clarifies, and in some ways complicates, the path to compensation for injured gig workers – what exactly does it mean for your rights?

The Groundbreaking Glenn v. Uber Decision: What Changed?

The Massachusetts Appeals Court, in its seminal 2025 ruling in Glenn v. Uber Technologies, Inc., significantly reinforced the application of the independent contractor “ABC test” under Massachusetts General Laws (M.G.L.) Chapter 149, Section 148B. This isn’t just some dry legal pronouncement; it’s a seismic shift for anyone working in the gig economy here in the Commonwealth. The court effectively sided with a stricter interpretation, making it harder for companies to classify workers as independent contractors, especially when it comes to wage and hour laws, and by extension, potentially workers’ compensation.

Specifically, the court meticulously analyzed each prong of the ABC test:

1. (A) The individual is free from control and direction in connection with the performance of the service, both under his contract for the performance of service and in fact. This prong often trips up gig companies. The court looked at the level of control Uber exercised over drivers – pricing, routing, customer service standards. They found that despite claims of flexibility, significant control existed.
2. (B) The service is performed outside the usual course of the business of the employer. This is the crucial one for Instacart shoppers. Is delivering groceries outside the “usual course of business” for Instacart? The court’s interpretation strongly suggests that if a company’s core business relies on the service provided by the worker (e.g., transportation for Uber, delivery for Instacart), then this prong is unlikely to be met. For an Instacart shopper, delivering groceries is the very essence of Instacart’s business model.
3. (C) The individual is customarily engaged in an independently established trade, occupation, profession or business of the same nature as that involved in the service performed. This means the worker must truly be running their own independent business, not just working for one platform. The court examined whether drivers had their own established livery services outside of Uber, finding most did not.

The Glenn decision makes it unequivocally clear: if a company fails to meet even one of these three prongs, the worker is presumed to be an employee for the purposes of M.G.L. c. 149, § 148B. This presumption is incredibly powerful and shifts the burden to the company to prove otherwise. While Glenn primarily addressed wage and hour issues, its rigorous application of the ABC test creates a powerful precedent that can be extended to arguments for workers’ compensation eligibility under M.G.L. Chapter 152, which covers injuries arising out of and in the course of employment.

Who is Affected? Instacart Shoppers and the Gig Economy

This ruling directly impacts every gig worker in Massachusetts, but particularly those whose services are integral to the platform’s core business. Think of an Instacart shopper in Boston: their entire job is to select and deliver groceries, which is precisely what Instacart sells as its service. Before Glenn, many gig companies successfully argued that their workers were independent contractors, thus sidestepping obligations like workers’ compensation insurance, minimum wage, and overtime. This left injured workers in a terrible bind, often with no recourse for medical bills or lost wages after a workplace injury.

Now, following Glenn, an Instacart shopper who suffers a slip and fall while delivering groceries in, say, the North End or Brighton, has a significantly stronger legal position to argue for employee status. This means they could potentially be eligible for workers’ compensation benefits, which cover medical expenses, lost wages, and permanent impairment, without having to prove fault. This is a monumental shift. I had a client just last year, an Instacart shopper who slipped on ice outside a customer’s home in Southie, breaking her wrist. Before Glenn, her case was an uphill battle for workers’ comp, primarily due to the independent contractor classification. We had to pursue a third-party personal injury claim against the homeowner, which was much more complex. With this new ruling, her path to recovery would have been clearer, focused on a workers’ compensation claim against Instacart itself.

It’s important to understand that while Glenn strengthens the argument for employee classification, it doesn’t automatically reclassify every gig worker. Each case will still need to be evaluated on its specific facts, but the legal framework has decidedly swung in favor of the worker. This ruling is a strong signal from the Massachusetts courts that companies cannot simply label workers as “independent” to avoid legal responsibilities.

Steps to Take After a Slip & Fall as an Instacart Shopper in Boston

If you’re an Instacart shopper in Boston and you experience a slip and fall incident, your immediate actions are critical. These steps can make or break a potential claim for compensation:

1. Prioritize Your Health and Seek Immediate Medical Attention

Your health is paramount. Even if you feel fine initially, adrenaline can mask pain. Seek medical attention immediately. Go to a local emergency room like Massachusetts General Hospital or Brigham and Women’s Hospital, or an urgent care center. Tell the medical staff exactly how the injury occurred, including that you were working as an Instacart shopper. This creates an official record linking your injury to your work. Document all your symptoms, no matter how minor. Delays in seeking treatment can be used by insurance companies to argue your injuries weren’t serious or weren’t related to the fall.

2. Document the Scene Extensively

If you are physically able, document everything at the scene of the fall. Take photos and videos with your phone. Capture:

• The specific hazard that caused your fall (e.g., ice, spilled liquid, uneven pavement, broken stairs).
• The surrounding area, showing lighting conditions, warning signs (or lack thereof), and general environment.
• Any damage to your person or property (torn clothing, broken items).
• The weather conditions at the time, if relevant.

Get contact information from any witnesses – their testimony can be invaluable. Note the exact address and specific location of the fall, down to the building number or apartment unit. This meticulous documentation is your best friend when pursuing a claim.

3. Report the Incident Immediately

You must report the incident to Instacart through their designated channels as soon as possible. Follow their internal reporting procedures to the letter. Get a confirmation of your report. Also, if the fall occurred on private property (like a customer’s porch or a store aisle), report it to the property owner or store management. Request a copy of their incident report. Reporting delays can severely weaken your claim, as it can be argued the incident never happened or your injuries are unrelated.

4. Consult with an Experienced Personal Injury Attorney

This is where my expertise comes in. Do not try to navigate this complex legal landscape alone. Contact a personal injury attorney specializing in workers’ compensation and premises liability in Massachusetts. I recommend doing this within 24-48 hours of the incident. We can help you:

• Determine Worker Classification: Evaluate your specific circumstances under the Glenn v. Uber ruling and the ABC test to determine if you can be classified as an employee for workers’ compensation purposes. This is not a simple “yes” or “no” answer for every gig worker; facts matter.
• File a Workers’ Compensation Claim: If deemed an employee, we will help you file a claim with the Massachusetts Department of Industrial Accidents (DIA) under M.G.L. Chapter 152. This process has strict deadlines and procedures.
• Investigate Third-Party Claims: If the fall was due to negligence by a property owner (e.g., a customer, a grocery store), we can explore a separate personal injury claim against that third party. This can provide additional compensation beyond workers’ compensation benefits. For example, if you slipped on a poorly maintained staircase at a multi-unit building in the Fenway area, we might pursue a claim against the building’s landlord or management company.
• Negotiate with Insurance Companies: Instacart, like any large company, has sophisticated legal teams and insurance adjusters whose primary goal is to minimize payouts. We will handle all communications and negotiations, ensuring your rights are protected and you receive fair compensation.

We’ll look at all angles. Was the sidewalk in front of the customer’s house in East Boston negligently maintained? Did a grocery store employee at the Star Market in Porter Square leave a spill unaddressed? These details matter.

Navigating Workers’ Compensation vs. Personal Injury Claims

This is a critical distinction, especially for gig workers post-Glenn. If you are classified as an employee, your primary avenue for recovery would typically be a workers’ compensation claim. This system, governed by M.G.L. Chapter 152, provides benefits regardless of fault. It covers medical treatment, a portion of lost wages (usually 60-75% of your average weekly wage), and compensation for permanent impairment. The downside? You generally cannot sue your employer (Instacart) directly for pain and suffering if you receive workers’ comp benefits. This is known as the “exclusive remedy” provision.

However, if your fall was caused by the negligence of a third party – someone other than Instacart or a fellow Instacart worker – you may also have a personal injury claim. This could be against a homeowner, a business, or even a municipality if the fall was due to a poorly maintained public sidewalk. In a personal injury claim, you can seek full compensation for medical bills, lost wages, pain and suffering, emotional distress, and other damages. We would pursue both claims simultaneously, ensuring you recover maximum compensation from all available sources. This “third-party claim” can often lead to a much larger recovery than workers’ compensation alone.

Here’s an editorial aside: many injured workers, especially in the gig economy, are afraid to rock the boat. They fear losing their “flexibility” or even their ability to work for the platform. This is a common, but often misguided, concern. Companies like Instacart have legal obligations. Your health and financial stability should always come first. Don’t let fear prevent you from seeking what you’re legally entitled to. They’ll have lawyers; you should too.

Case Study: Maria’s Road to Recovery

Let me share a concrete example, albeit with fictionalized details for privacy, that mirrors cases we’ve handled. Maria, a 48-year-old Instacart shopper, was making a delivery to a brownstone in the Back Bay on a rainy November afternoon in 2025. As she ascended the exterior steps, she slipped on a loose, rotting wooden plank that had been poorly repaired and was slick with rain. She fell hard, sustaining a fractured ankle and a concussion. She was initially transported to Tufts Medical Center.

Maria immediately called us. Our team sprang into action. Within hours, we had a paralegal dispatching an investigator to the scene to photograph the steps, measure the defective plank, and document the lack of warning signs. We also obtained her Instacart earnings history, showing consistent work and significant income. We immediately notified Instacart of the injury and also sent a preservation letter to the property owner of the brownstone.

Based on the Glenn v. Uber precedent, we argued to Instacart that Maria met the criteria for employee classification under M.G.L. c. 149, § 148B, particularly concerning prong (B) – that her delivery service was integral to Instacart’s usual course of business. We highlighted Instacart’s control over her assignments, pricing, and performance metrics. Simultaneously, we initiated a personal injury claim against the property owner for premises liability, citing their negligence in maintaining a safe entrance, a violation of Massachusetts premises liability law.

Instacart’s insurer initially denied the workers’ compensation claim, arguing independent contractor status. However, armed with the Glenn decision, we filed a claim with the Department of Industrial Accidents (DIA). After a conciliation and a conference at the DIA’s Boston office, the administrative judge, citing the Appeals Court’s recent precedent, ordered Instacart to pay temporary total disability benefits and medical bills. Maria received 70% of her average weekly wage for the 16 weeks she was out of work, covering her lost income during recovery.

Separately, our investigation into the property owner revealed a history of neglect. We negotiated with their homeowner’s insurance carrier, presenting photographic evidence, medical records, and expert testimony on Maria’s future medical needs and pain and suffering. After several months of negotiation and pre-litigation discovery, we secured a substantial settlement for Maria from the homeowner’s insurance, covering her remaining medical costs, ongoing physical therapy, and significant compensation for her pain, suffering, and emotional distress – damages not covered by workers’ compensation. This dual-track approach allowed Maria to recover fully, financially and physically, from an incident that could have otherwise devastated her.

The Future of Gig Worker Rights in Massachusetts

The Glenn v. Uber decision is not the final word on gig worker classification in Massachusetts, but it is a powerful one. We anticipate continued legislative efforts and further court challenges as the gig economy evolves. However, for now, the legal landscape has shifted in favor of injured workers. My firm remains committed to staying at the forefront of these developments, ensuring our clients receive the expert legal counsel they deserve.

For any Instacart shopper in Boston, understanding these rights and acting decisively after an injury is paramount. Don’t wait; protect your future.