A new pair of bills in Albany, A.10222 in the Assembly and S.9813 in the Senate, would classify app-based delivery workers as employees for New York workers’ compensation purposes, and name the delivery platform itself as the employer. The proposal, spotlighted in a Professional Insurance Agents Northeast analysis published April 21, 2026, would upend years of independent-contractor treatment for couriers working on DoorDash, Uber Eats, Grubhub, Instacart, and similar platforms.
The change is narrower than California’s AB 5-style reclassification because it is scoped to workers’ compensation coverage only. That still carries real consequences for independent couriers, who today pay out of pocket when they are injured on the job.
What The Bill Actually Does
The legislation defines a “delivery network company” as any entity that uses a digital platform to connect consumers with workers who deliver goods. The definition specifically excludes transportation network companies like Uber and Lyft rideshare operations, and it carves out restaurants that run their own proprietary ordering systems.
For companies that fall within the definition, the bill creates a statutory requirement to provide workers’ comp benefits on the same footing as for traditional W-2 employees. That means injury-related medical care and wage-replacement payments would shift from the driver’s personal coverage, or lack of coverage, onto the platform’s mandatory policy.
Why This Matters For Self-Employed Couriers
Most full-time and part-time app couriers in New York State today purchase gig accident insurance, health coverage through the ACA marketplace, or neither. New York is also in the middle of rolling out a $22.13-per-hour minimum pay rate for NYC delivery workers, which took effect on April 1, 2026, and a $5 million settlement against Uber Eats and others drew fresh attention to platform obligations.
If A.10222 and S.9813 move through both chambers, the state-level workers’ comp layer would stack on top of those NYC-specific rules. A courier who slips on an icy step while dropping off a bag would be entitled to no-fault medical care and partial wage replacement, paid by the platform’s insurer rather than the driver’s own pocket.
What It Leaves Unchanged
The bill does not touch tax treatment. Drivers would still file Schedule C or an equivalent self-employment return, still owe self-employment tax, and still be able to deduct mileage, phone, and other business expenses under standard IRS rules.
It also does not grant collective bargaining rights or reach into unemployment insurance, a gap that labor advocates may push to close in later amendments. The proposal’s narrower scope may be part of why sponsors see a workable path through Albany’s insurance and labor committees.
What To Watch Next
The bills are still in committee, and the state’s workers’ compensation insurance market would need time to rate and underwrite new platform policies before anything takes effect. Industry groups representing delivery apps are expected to lobby against mandatory reclassification, arguing that flexibility is what draws couriers to the work in the first place.
Self-employed couriers in New York should monitor the Workers’ Compensation Board website and follow sponsor updates as the bills move forward. Independent contractors in other states should also watch, because New York frequently sets the template that other blue-state legislatures adopt the following session.
Photo by Robinson Greig; Unsplash
