GA Instacart: HB 87 Changes Injury Claims in 2026

When you’re hustling as an Instacart shopper in Macon, a simple slip and fall incident can derail your income and your health in an instant. The legal landscape for gig economy workers, particularly those involved in rideshare and delivery services, is constantly shifting, making the aftermath of such an accident incredibly complex. Have recent legal developments truly clarified your rights, or have they simply added more layers to an already opaque system?

Understanding Georgia’s Evolving Gig Economy Legislation: House Bill 87

The biggest change affecting Instacart shoppers and other gig economy workers in Georgia is undoubtedly House Bill 87 (HB 87), which became effective on January 1, 2026. This legislation, signed into law last year, aims to provide a clearer framework for insurance requirements for what the state now formally defines as Transportation Network Companies (TNCs) and Delivery Network Companies (DNCs). Before HB 87, the waters were incredibly murky, often leaving injured gig workers in a legal no-man’s-land. I’ve seen countless cases where clients, driving for various platforms, were caught between their personal auto insurance denying coverage and the platform claiming no responsibility. It was a nightmare.

What HB 87 does is mandate specific insurance coverage levels for these companies. For DNCs like Instacart, this means a tiered system of liability coverage depending on the driver’s status:

• Period 1 (App On, No Match): When you’re logged into the Instacart app but haven’t accepted a delivery, HB 87 requires the DNC to carry primary automobile liability insurance with limits of at least $50,000 for death and bodily injury per person, $100,000 for death and bodily injury per incident, and $25,000 for property damage. This is a significant improvement from the previous situation where many platforms offered minimal or no coverage during this “waiting” period.
• Period 2 (Match Accepted, Delivery In Progress): Once you accept a delivery request and are en route to pick up items or are delivering them, the requirements jump substantially. HB 87 mandates at least $1,000,000 in primary automobile liability insurance. This also includes uninsured/underinsured motorist coverage. This is where most slip and fall incidents would occur – while picking up groceries at a Kroger on Hartley Bridge Road or delivering to a residence in the Ingleside Village.

These requirements are codified under O.C.G.A. Section 33-8-90 et seq., specifically detailing the “Delivery Network Company Insurance Act.” The intent is clear: to ensure that there’s a substantial insurance policy in place to cover injuries to third parties and, importantly, to the drivers themselves if an accident occurs involving the vehicle. However, it’s critical to understand that while this addresses vehicle-related incidents, it doesn’t automatically translate to workers’ compensation for a slip and fall inside a store or on a customer’s property. That distinction is where the real legal battle often begins.

The Persistent Challenge of Workers’ Compensation for Gig Workers

Despite HB 87’s advancements, the question of workers’ compensation remains a significant hurdle for Instacart shoppers who suffer a slip and fall in Macon. In Georgia, O.C.G.A. Section 34-9-1(2) defines an “employee” for workers’ compensation purposes. The vast majority of gig economy workers, including Instacart shoppers, are classified as independent contractors by these platforms. This classification, while often debated, typically exempts them from traditional workers’ compensation benefits. This is a critical point that many injured shoppers overlook until it’s too late.

I recently had a client, a dedicated Instacart shopper in Macon, who slipped on a spilled liquid in the produce section of a Publix near The Shoppes at River Crossing. She broke her wrist. Her initial thought was, “Instacart will cover this.” They didn’t. Because she was an independent contractor, Instacart disclaimed any workers’ comp responsibility. Her personal health insurance eventually covered some medical bills, but she lost weeks of income and faced significant out-of-pocket expenses for physical therapy. This classification system, while convenient for companies seeking to reduce overhead, leaves individual contractors incredibly vulnerable.

So, if you’re an Instacart shopper and you slip and fall, say, at the Piggly Wiggly on Pio Nono Avenue, you are likely not eligible for workers’ compensation from Instacart. Your recourse primarily lies in pursuing a third-party liability claim against the establishment where the fall occurred (e.g., the grocery store) or, in some very specific circumstances, through Instacart’s commercial general liability policy if the incident is somehow tied to their operational negligence beyond vehicle use. This distinction is paramount and often misunderstood. We consistently advise clients that proving negligence against a store for a slip and fall requires rigorous documentation and a clear demonstration that the store knew or should have known about the hazard. For more information on why most claims are denied, read about Georgia Slip & Fall: Why Most Claims Are Denied.

Navigating Third-Party Liability Claims in Macon

When workers’ compensation isn’t an option, your focus immediately shifts to a third-party liability claim. This means identifying who was responsible for the hazardous condition that caused your slip and fall. In Macon, this could be a grocery store, a restaurant, or even a private residence. The legal standard for these claims in Georgia is often referred to as “premises liability.”

Under Georgia law, specifically O.C.G.A. Section 51-3-1, a property owner or occupier owes a duty of ordinary care to keep their premises and approaches safe for invitees. An Instacart shopper, while on the property to fulfill a delivery, is generally considered an invitee. This means the property owner has a duty to inspect the premises and remove or warn of any unreasonable dangers. However, you must prove two things:

1. The property owner had actual or constructive knowledge of the hazard.
2. You, the injured party, did not know about the hazard and could not have discovered it through the exercise of ordinary care.

This second point is where many claims falter. The defense will often argue that the hazard was “open and obvious,” suggesting you should have seen it. This is why immediate and thorough documentation is not just helpful, it’s absolutely essential. If you slip on a wet floor at a Kroger in Macon, you need to:

• Take photographs immediately: Get pictures of the spill, the surrounding area, warning signs (or lack thereof), and anything else relevant before it’s cleaned up.
• Identify witnesses: Get names and contact information from anyone who saw the fall or the hazardous condition beforehand.
• Report the incident: Inform store management immediately and insist on filling out an incident report. Get a copy.
• Seek medical attention: Even if you feel fine initially, get checked out. Go to Atrium Health Navicent or another local urgent care clinic in Macon. Adrenaline can mask pain, and some injuries, like concussions or soft tissue damage, may not manifest for hours or days.

Without these steps, proving your case becomes significantly harder. We had a case last year where a client fell in a department store at the Macon Mall. They were too embarrassed to take photos and simply reported it verbally. By the time they called us a week later, the store denied any knowledge of the incident, and surveillance footage (if it even existed) was likely overwritten. It’s a harsh lesson: assume everyone is going to deny responsibility, and build your case from the ground up, starting the moment you hit the floor. For more on this, you can learn why proving your claim just got harder under new GA law.

The Role of Instacart’s Commercial Insurance Policies

While Instacart generally classifies shoppers as independent contractors and thus avoids workers’ compensation liability, they do carry commercial insurance policies that might come into play, especially in the wake of HB 87. These policies are distinct from the auto liability coverage. Instacart, as a large DNC, typically maintains a Commercial General Liability (CGL) policy. This type of policy can cover claims of bodily injury that occur on premises not owned or rented by Instacart, but where Instacart’s operations are taking place.

For instance, if a slip and fall occurs due to some direct action or negligence by Instacart’s operational processes – perhaps a faulty piece of equipment they provided, or a specific instruction that led to an unsafe situation – their CGL policy might be triggered. This is a much more difficult claim to prove than a standard premises liability claim against a store, but it’s not impossible. It requires a deep understanding of Instacart’s operational policies and procedures, and how they might have contributed to the incident.

Additionally, some DNCs are beginning to offer occupational accident insurance (OAI) policies to their independent contractors. These are not workers’ compensation, but private insurance products designed to provide some benefits for medical expenses and lost wages due to on-the-job injuries. Instacart’s specific offerings in this area can change, so it’s crucial to check your current agreement with them. These OAI policies often have specific caps and exclusions, so reading the fine print is paramount. I always recommend having a lawyer review these documents because the language is often intentionally dense. Don’t assume anything. For those in Alpharetta, understanding Instacart injury risks is crucial.

Taking Concrete Steps After a Slip and Fall

If you’re an Instacart shopper in Macon and you experience a slip and fall, here are the immediate, concrete steps you need to take:

1. Prioritize Medical Attention: Your health comes first. Get evaluated by a medical professional immediately. Don’t delay. Go to an emergency room like Atrium Health Navicent or a reputable urgent care clinic. Keep all medical records, bills, and receipts.
2. Document Everything at the Scene: As mentioned, this is non-negotiable. Photos of the hazard, the surrounding area, your injuries, and even the shoes you were wearing. Get contact information for any witnesses and store employees you speak with.
3. Report the Incident: Inform the store management where the fall occurred and insist on an incident report. Also, report the incident through the Instacart app or their designated incident reporting channel. Be factual, but do not admit fault or minimize your injuries.
4. Preserve Evidence: Do not throw away clothing or shoes worn during the incident. These could be crucial evidence.
5. Do NOT Give Recorded Statements: Insurance adjusters, whether from the store or Instacart, will likely contact you. Do not give a recorded statement or sign any documents without first consulting an attorney. These statements can be used against you.
6. Contact an Experienced Personal Injury Attorney: This is perhaps the most important step. The legal complexities surrounding gig economy injuries, especially slip and falls, are significant. An attorney specializing in these cases can help you understand your rights, navigate the various insurance policies (including those mandated by HB 87), gather evidence, and negotiate with powerful insurance companies. We’ve seen firsthand how quickly adjusters try to settle cases for far less than they’re worth, especially when dealing with unrepresented individuals.

I’ve personally handled cases where a client thought they had no recourse, only for us to uncover a viable claim against a negligent third party or through a previously unknown commercial policy. The initial consultation is often free, so there’s no reason not to explore your options. Don’t let the complexity of the gig economy deter you from seeking justice for your injuries.

In the challenging legal landscape of the gig economy, particularly for an Instacart shopper in Macon experiencing a slip and fall, understanding your rights and acting decisively is paramount. The nuances of Georgia’s HB 87, the limitations of workers’ compensation, and the complexities of third-party liability claims mean that immediate, informed legal counsel is not just helpful, but truly indispensable for protecting your health and financial future.