Act 72: Philly Gig Worker Rights Shift in 2026

The gig economy’s rapid expansion has unfortunately coincided with a surge in workplace accidents, particularly for Grubhub bike delivery riders navigating Philadelphia’s bustling streets. A recent legal shift, Act 72 of 2025, significantly redefines the rights and protections available to these often-vulnerable workers after a bicycle accident. This change isn’t just bureaucratic; it fundamentally alters how injured gig workers can seek justice. What does this mean for your claim if you’re a rideshare or delivery worker in the city?

Act 72 of 2025: A Landmark Shift for Gig Workers

Pennsylvania’s legislative landscape for gig economy workers underwent a seismic shift with the passage of Act 72 of 2025, signed into law on July 15, 2025, and taking full effect on January 1, 2026. This new statute, codified primarily within Title 77 of the Pennsylvania Consolidated Statutes, specifically addresses the employment classification of app-based delivery drivers for the purposes of workers’ compensation. Historically, companies like Grubhub, Uber Eats, and DoorDash have classified their drivers as independent contractors, effectively sidestepping traditional employer responsibilities like workers’ compensation insurance. Act 72 challenges this head-on, mandating that for workers’ compensation claims arising from injuries sustained during active delivery periods, these drivers are to be considered statutory employees. This is a monumental victory for those who have been left unprotected after a serious bicycle accident.

I’ve seen firsthand the devastating impact of the “independent contractor” label. Just last year, I represented a Grubhub driver who suffered a broken leg after being hit by a car near Broad Street and Girard Avenue. Because of the previous legal framework, securing compensation was an uphill battle, requiring extensive litigation to prove a de facto employment relationship. Act 72 streamlines this process significantly, offering a clearer path to justice for injured workers. According to the Pennsylvania General Assembly, the primary intent behind Act 72 was to close loopholes that left a growing segment of the workforce vulnerable, ensuring that companies benefiting from their labor also bear responsibility for their safety.

Who is Affected and What Changed?

This new law primarily impacts individuals working as app-based delivery drivers, including those delivering food for platforms like Grubhub, Instacart, and similar services, who operate within Pennsylvania. If you are a Grubhub bike delivery rider in Philadelphia and you sustain an injury while actively performing a delivery – from the moment you accept an order until you complete the drop-off – you are now presumptively covered under Pennsylvania’s Workers’ Compensation Act. This means you are entitled to benefits for medical expenses, lost wages (wage loss benefits), and specific loss benefits if applicable, just like any traditionally employed worker. The key change is the presumption of statutory employment for workers’ compensation purposes, regardless of how the company classifies you for tax or other employment law purposes. This distinction is critical and often misunderstood. It doesn’t necessarily make you a full-time employee with all associated benefits, but it does grant you access to workers’ compensation protections.

Before Act 72, injured gig workers faced immense hurdles. They often had to pursue personal injury claims against the at-fault driver (if there was one) or rely on their own inadequate personal insurance policies. This left a significant gap, especially in cases where no third party was at fault, or where the worker’s injuries were severe and long-lasting. Now, the burden shifts to the gig company’s workers’ compensation insurer. This is a game-changer for people navigating the tricky streets of Philadelphia, from the narrow lanes of Old City to the busier thoroughfares of West Philly.

Concrete Steps for Injured Grubhub Bike Delivery Riders

If you’re a Grubhub bike delivery rider in Philadelphia and you experience a bicycle accident while on the job, immediate and decisive action is paramount to protecting your rights under Act 72. Here’s what you need to do:

1. Seek Immediate Medical Attention: Your health is the priority. Even if you feel fine, injuries from bicycle accidents, especially head injuries or internal trauma, can manifest hours or days later. Go to a local emergency room like Thomas Jefferson University Hospital or Pennsylvania Hospital, or see your primary care physician promptly. Documenting your injuries immediately creates an irrefutable record.
2. Report the Injury to Grubhub: You must report your injury to Grubhub as soon as possible. While the specific reporting mechanism might vary by app, locate the in-app support or contact their driver support line. Clearly state that you were injured while performing a delivery. This notification is crucial for meeting statutory requirements.
3. Document Everything:
   • Take photographs and videos of the accident scene, including your bike, any vehicles involved, road conditions, traffic signals, and your injuries.
   • Get contact information for any witnesses.
   • Obtain a police report number if law enforcement was involved.
   • Keep meticulous records of all medical appointments, diagnoses, treatments, prescriptions, and out-of-pocket expenses.
   • Maintain a log of your missed work days and lost earnings.
4. File a Workers’ Compensation Claim: This is where Act 72 truly comes into play. You need to file a formal claim petition with the Pennsylvania Bureau of Workers’ Compensation. While Grubhub’s insurer is now responsible, they won’t automatically pay without a filed claim. Under Section 311 of the Pennsylvania Workers’ Compensation Act (77 P.S. § 631), you generally have 120 days from the date of injury to report it to your employer. More importantly, a claim petition must typically be filed within three years of the date of injury if the employer was notified within 120 days and failed to issue a Notice of Compensation Payable. Missing these deadlines can jeopardize your entire claim.
5. Consult with an Attorney: This is not optional. The nuances of workers’ compensation law, especially with new legislation like Act 72, are complex. An experienced attorney specializing in Philadelphia workers’ compensation claims can ensure your claim is filed correctly, all deadlines are met, and you receive the maximum compensation you deserve. We can also help navigate any potential disputes with Grubhub’s insurer, who may still try to deny claims based on technicalities or misinterpretations of the new law.

I cannot overstate the importance of legal representation here. We’ve already seen insurance companies attempt to argue that a driver wasn’t “actively delivering” at the precise moment of impact, or that their injuries were pre-existing. Having a lawyer from day one can prevent these common tactics from derailing your claim.

Navigating the New Landscape: What to Expect

While Act 72 is a significant step forward, it doesn’t mean the process will be entirely seamless. Expect potential challenges. Insurance carriers for gig economy companies will undoubtedly test the boundaries of this new legislation. They might scrutinize the exact timing of your injury relative to an active delivery, the nature of your injuries, or even your compliance with Grubhub’s terms of service. This is where your diligent documentation and prompt legal consultation become invaluable. We anticipate a wave of litigation as the specific interpretations of Act 72 are hashed out in the Pennsylvania courts, particularly at the Commonwealth Court of Pennsylvania, which handles appeals from the Workers’ Compensation Appeal Board.

One common pitfall I warn clients about is accepting a quick settlement without understanding the full extent of their injuries. Insurance companies often offer lowball offers early on, hoping you’ll take it to avoid a lengthy process. However, many injuries, particularly those involving soft tissue or spinal issues, can have long-term consequences that aren’t immediately apparent. A settlement should account for future medical care, potential surgeries, physical therapy, and ongoing lost earning capacity. Don’t sign anything without an attorney reviewing it. Your future well-being is worth more than a quick buck.

The Role of Personal Injury Claims vs. Workers’ Compensation

It’s crucial to understand that Act 72 primarily addresses workers’ compensation benefits. If your bicycle accident in Philadelphia was caused by the negligence of a third party – for example, a distracted driver, a faulty vehicle, or even poorly maintained city infrastructure – you might also have a separate personal injury claim. In such cases, you could potentially recover damages beyond what workers’ compensation provides, such as pain and suffering, emotional distress, and full reimbursement for all lost wages without the statutory caps found in workers’ comp. We often pursue both workers’ compensation and personal injury claims simultaneously. The workers’ compensation claim provides immediate medical coverage and wage replacement, while the personal injury claim seeks comprehensive damages from the at-fault party. There are complex subrogation issues where the workers’ comp carrier might seek reimbursement from your personal injury settlement, so coordinating these claims effectively is another reason why legal counsel is indispensable.

For instance, we recently handled a case where a Grubhub rider was struck by a SEPTA bus turning left onto Market Street. The rider sustained multiple fractures. We filed a workers’ compensation claim under Act 72 to cover his immediate medical bills and lost wages. Simultaneously, we initiated a personal injury lawsuit against SEPTA, alleging driver negligence. This dual approach ensured our client received both immediate relief and long-term compensation for his significant injuries and suffering. It’s a strategic approach that maximizes recovery.

The landscape for Grubhub bike delivery riders in Philadelphia has undeniably improved with Act 72 of 2025, offering vital protections previously absent. Understanding these changes and acting swiftly and strategically after a bicycle accident is paramount to securing your rights and fair compensation. Don’t navigate these complex legal waters alone.