The way Bostonians make a living has been changed by the gig economy, especially platforms like Instacart. But the legal ground for these workers has always been shaky, particularly when it comes to getting hurt on the job. That changed on November 12, 2025, when the Massachusetts Supreme Judicial Court issued its ruling in Canning v. Entertainment Partners Enterprises, Inc., a decision that clarified how the state’s independent contractor law applies to some gig workers and directly impacts what happens after a slip and fall. So where does that leave an Instacart shopper in Boston who gets seriously injured?
Key Takeaways
- The 2025 Canning v. Entertainment Partners Enterprises, Inc. ruling makes it far more likely that gig workers, including Instacart shoppers, will be classified as employees under Massachusetts law for workers’ compensation claims.
- Massachusetts General Laws Chapter 152, Section 1(4) now covers a wider range of workers, meaning injured Instacart shoppers have a much better shot at getting workers’ compensation benefits for on-the-job injuries.
- If you’re an Instacart shopper hurt in Boston, you need to document the incident, get medical care right away, and talk to a lawyer who knows Massachusetts workers’ comp and independent contractor law.
- After the Canning decision, the burden is on the company to prove a worker is an independent contractor, making it much harder for them to deny employee status and benefits.
- Workers’ compensation claims in Massachusetts have strict deadlines. You typically have to file within four years from the date of the injury, as laid out in M.G.L. c. 152, § 41.
The Canning Decision: A Shift in Gig Worker Classification
The Massachusetts Supreme Judicial Court’s decision in Canning v. Entertainment Partners Enterprises, Inc., 497 Mass. 385 (2025), was a watershed moment for gig workers in the Commonwealth. The ruling took a hard look at the Massachusetts independent contractor statute, Massachusetts General Laws Chapter 149, Section 148B. Before this case, gig companies like Instacart routinely classified their workers as independent contractors, a move that let them sidestep paying for workers’ compensation insurance and meeting minimum wage requirements. The Court’s unanimous decision put a stop to that, reinforcing a very broad interpretation of Section 148B that makes it incredibly difficult for companies to prove a worker isn’t an employee.
The Court’s analysis hinged on the “ABC test” found in Section 148B. To call a worker an independent contractor, a company has to prove all three parts of the test: (A) the worker is free from the company’s control and direction; (B) the service the worker performs is outside the usual course of the company’s business. And (C) the worker is independently established in their own trade or business that’s the same as the service they’re performing. The Canning decision hit Prong B especially hard, arguing that if the work someone does is essential to what the company actually does, it’s almost impossible to satisfy that part of the test. For an Instacart shopper, who is literally shopping for and delivering groceries, the entire basis of Instacart’s business model, their service is undeniably the core of the business, meaning after *Canning*, they will almost certainly be considered an employee for workers’ compensation purposes in Massachusetts.
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Start my free evaluation| Factor | Before Canning Decision | After Canning Decision (2025) |
|---|---|---|
| Worker Classification | Often independent contractor | Presumed employee for workers’ comp |
| Workers’ Compensation Eligibility | Very difficult to get benefits | Stronger eligibility for benefits |
| Burden of Proof for Contractor Status | Worker often had to fight for employee status | Company MUST prove contractor status |
| Application of M.G.L. c. 152, § 1(4) | Limited for gig workers | Applies broadly to gig workers |
| Core Business (ABC Test Prong B) | Often downplayed in disputes | Key factor. Hard for companies to meet |
What This Means for Workers’ Compensation Eligibility
For an Instacart shopper who takes a slip and fall injury in Boston, the Canning ruling dramatically improves their chances of getting coverage under Massachusetts workers’ compensation law, Massachusetts General Laws Chapter 152. This law requires employers to provide benefits to employees hurt during their work, no matter who was at fault. Before *Canning*, Instacart’s go-to defense was to claim its shoppers were independent contractors and therefore not owed a dime. Now, that argument has lost most of its teeth in a Massachusetts courtroom.
If you’re classified as an employee, you could be eligible for a few different workers’ comp benefits. These benefits include medical expense coverage for all reasonable treatment, wage replacement benefits (which is typically 60% of your average weekly wage if you can’t work at all, under M.G.L. c. 152, § 34), and even permanent partial disability benefits (M.G.L. c. 152, § 36) if you have a lasting injury. So if you slip on spilled milk at a supermarket in the Seaport District while grabbing an Instacart order and fracture your wrist, the new legal reality means the ER visit, surgery at Massachusetts General Hospital, and follow-up physical therapy would likely be covered, and you’d also get compensated for a portion of your lost wages while you couldn’t work, providing a financial lifeline.
Immediate Steps After a Slip and Fall Injury
If you’re an Instacart shopper in Boston and you get hurt in a slip and fall, you have to act fast to protect yourself and your potential claim. These actions are non-negotiable, even if it seems obvious who is at fault. First, get immediate medical attention. Even a small fall can cause injuries like concussions or soft tissue damage that don’t show up for hours or days. Having a doctor document your injuries right away is the single most important first step. For example, if you fall at a Star Market near Fenway Park, you need to get to Brigham and Women’s Hospital or a nearby urgent care clinic right away and tell the medical staff exactly how and where you got hurt while working for Instacart.
Next, document the scene of the incident. If it’s safe, use your phone to take pictures and videos of the exact spot where you fell. Get shots of the hazard itself, whether it’s a wet floor, a cracked piece of pavement on Beacon Hill, or a poorly lit stairwell. Note if there were any warning signs (or a lack of them). Write down the date, time, and exact address. If anyone saw you fall, get their name and phone number, including store employees or other shoppers. This kind of evidence is gold for proving what happened and why.
You also have to report the injury to Instacart. They might still try to tell you you’re an independent contractor, but you are required to notify them that you were injured on the job. Just state the facts. Don’t guess about what happened or say it was your fault. Keep a record of every email, app message, and phone call with Instacart, including dates, times, and who you talked to. In Massachusetts, you’re generally required to give this notice within 30 days of the injury under M.G.L. c. 152, § 41, and failing to do so could torpedo your entire claim.
Working through Potential Third-Party Claims
While the *Canning* decision is a huge win for getting workers’ compensation, your slip and fall could also lead to a third-party liability claim. This is a separate case you can bring when your injury was caused by the carelessness of someone other than your employer (Instacart). For example, if you slip on an icy, unsalted sidewalk outside a grocery store in Dorchester, or on a freshly mopped floor inside a Stop & Shop that didn’t have a “wet floor” sign, the property owner or the store itself could be liable. This is a different beast from a workers’ comp claim, because here you have to prove it was their fault.
Under Massachusetts premises liability law, property owners have a legal duty to keep their property reasonably safe for visitors. When they fail and you get hurt, you can pursue a personal injury claim against them. This kind of lawsuit can get you money for things workers’ comp doesn’t cover, like pain and suffering, the full amount of your lost wages, and loss of enjoyment of life. It’s often possible to have a workers’ comp claim and a third-party claim going at the same time, but it gets complicated because the workers’ comp insurer has a right to get paid back from any money you win from the third party. Trying to manage both without an experienced lawyer is a recipe for disaster.
The Role of Legal Counsel and Understanding Your Rights
Because the law is changing after Canning and Massachusetts workers’ comp is already a maze of rules and deadlines, getting an experienced lawyer isn’t just a good idea. It’s necessary. A qualified attorney can help an injured Instacart shopper:
- Assess Employee Status: Figure out if you’re likely to be considered an employee under the new interpretation of M.G.L. c. 149, § 148B which is the whole basis for a workers’ comp claim.
- Navigate the Claims Process: File the correct forms (like the Employee’s Claim Form 110) with the Massachusetts Department of Industrial Accidents (DIA) and deal with Instacart’s insurance company.
- Gather Evidence: Help you pull together all your medical records, incident reports, witness contacts, and photos to build your case.
- Negotiate Settlements: Take on the insurance adjusters, who are trained to pay as little as possible or deny your claim completely, and fight for a fair settlement.
- Identify Third-Party Claims: Investigate whether you also have a separate personal injury case against a negligent property owner and manage both claims at once.
- Represent You in Hearings: Argue your case at conciliations, conferences, and hearings at the DIA if your claim gets denied or disputed.
The legal ground is shifting for gig workers in Massachusetts, and the *Canning* decision is a major part of that shift toward better protection. Don’t just assume you have no rights because the Instacart app calls you an “independent contractor.” Your actual legal status under state law might be an employee. If you get hurt and do nothing because of that assumption, you could face massive medical bills and lost income you were entitled to recover.
Massachusetts law has specific protections for people hurt at work. You can find resources about the claims process on the Department of Industrial Accidents website at mass.gov/orgs/department-of-industrial-accidents which oversees how disputed claims are resolved.
The bottom line is this: if you’re an Instacart shopper in Boston and you suffer a slip and fall injury, the 2025 Canning decision has given you a real shot at getting benefits. Talk to a lawyer who understands your specific situation and can make sure your rights are protected. It’s about protecting your health and your ability to pay your bills.
Does the Canning decision automatically make all Instacart shoppers employees in Massachusetts?
It doesn’t happen automatically for every single worker, as each case is technically judged on its own facts. However, the Canning ruling and its focus on the “ABC test” (M.G.L. c. 149, § 148B) make it extremely hard for Instacart to argue its shoppers aren’t employees for workers’ compensation purposes, since their work is the company’s core business.
What is the deadline for filing a workers’ compensation claim in Massachusetts after a slip and fall?
Generally, you have four years from the date you were injured to file a claim with the Department of Industrial Accidents (per M.G.L. c. 152, § 41). But there’s another, more urgent deadline: you must also notify Instacart of the injury within 30 days. It’s best to consult an attorney to make sure you don’t miss any critical deadlines.
Can I still file a personal injury lawsuit if I receive workers’ compensation benefits for my slip and fall?
Yes, in many cases you can. If your fall was caused by the negligence of a third party, like a store owner who didn’t clean a spill, you can pursue a personal injury lawsuit against them while also receiving workers’ comp benefits. Be aware, the workers’ comp insurer will have a lien on your lawsuit settlement (under M.G.L. c. 152, § 15), meaning they have a right to be paid back for the benefits they paid out.
What kind of benefits can I expect from a Massachusetts workers’ compensation claim?
If your claim is accepted, you should get full coverage for all reasonable and necessary medical treatment for the injury. You can also receive partial wage replacement, which is usually 60% of your average weekly pay while you’re temporarily unable to work. Depending on the injury, you might also get benefits for permanent scarring or loss of function, as detailed in M.G.L. c. 152, Sections 30-36.
What evidence is most important after an Instacart slip and fall in Boston?
The most important evidence is the medical records from your very first doctor or hospital visit, which connect your injury to the fall. After that, you need photos or videos of the hazard that made you fall, the contact information for anyone who saw it happen, and a complete paper trail of every communication you had with Instacart about the incident. Quick and thorough documentation is everything.
