The Colorado Court of Appeals just dropped a bombshell with its ruling in Hernandez v. Courier Services, Inc. (2025 COA 78, decided October 22, 2025), and it’s going to have a major impact on gig workers. This case completely changes the game for delivery drivers, like those working for DoorDash Denver, who get hurt on the job from something as common as a fall in a pothole-ridden parking lot. The decision directly affects how independent contractors, who were usually left out in the cold, can now file for work-related injury claims. So what does this actually mean for a delivery driver who gets hurt while on a run?
Key Takeaways
- The Hernandez v. Courier Services, Inc. ruling effectively broadens the term “employee” under the Colorado Workers’ Compensation Act, C.R.S. Title 8, Article 40, to pull in certain gig workers.
- If you’re a delivery driver and you get injured on the job, say, you trip in a parking lot pothole, you now have a much stronger argument for filing a workers’ comp claim against the app platform.
- Injured drivers have to be diligent: document everything with photos, get to a doctor right away, and report the incident to both the platform and the Colorado Department of Labor and Employment.
- The ruling puts the “right to control” test under a microscope. If a delivery app has significant say in how you do your work, it’s far more likely you’ll be considered an employee for workers’ comp.
- Because of how complicated gig work classification is, any driver affected by this should talk to a workers’ comp attorney to figure out their specific standing and how to handle the claim.
The Hernandez Ruling: Expanding “Employee” Status for Gig Workers
The Colorado Court of Appeals’ decision in Hernandez v. Courier Services, Inc. (2025 COA 78) is a huge deal for gig workers in this state. The case centered on Maria Hernandez, a delivery driver for a big food delivery app, who badly injured her ankle after falling in a poorly maintained pothole in a restaurant parking lot near the Denver Tech Center. Her workers’ comp claim was shot down because they said she was an independent contractor. But the Court of Appeals flipped the Industrial Claim Appeals Office’s (ICAO) decision, sending the case back to be reconsidered using a new, tougher interpretation of the “right to control” test. This ruling forces a complete re-evaluation of how we classify employees under the Colorado Workers’ Compensation Act, especially under C.R.S. Section 8-40-202(2)(a)(I), which spells out who gets coverage.
The court zeroed in on just how much control the delivery company had over Hernandez’s work. The evidence showed the company gave drivers detailed routing instructions, tracked performance metrics, and could just deactivate them whenever they wanted. The court decided these factors look a lot more like an employer-employee dynamic than a true contractor relationship. This shifts the ground completely from older interpretations that almost always sided with the platforms, calling gig workers independent contractors and denying them workers’ comp. Frankly, this ruling is long overdue and finally acknowledges the reality of how these platforms work, not the legal fictions they try to sell.
Who is Affected by This Change?
This ruling is a big deal for people in the gig economy whose work is heavily controlled by the companies they contract with. We’re talking about DoorDash Denver drivers, Uber Eats couriers, Instacart shoppers, and other on-demand service providers working in Colorado. If you’re out there driving the streets of Denver, from LoDo to Highlands Ranch, and you get hurt on a delivery, this case gives you a new path to get compensated. The deciding factor is going to be the amount of control the app has over how you do your job.
Before this, a huge number of gig workers were in a terrible spot, hurt on the job but locked out of benefits like medical coverage and wage replacement that regular employees get. This pushed many into serious financial trouble, forcing them to pay for their own medical bills while losing income. The Hernandez decision finally offers a way out, because it recognizes that the day-to-day reality of gig work often looks exactly like traditional employment, no matter what a contract says. It’s a badly needed step toward building a safety net for this huge part of the workforce.
Understanding the “Right to Control” Test Post-Hernandez
The “right to control” test has always been part of Colorado workers’ comp law, but applying it to gig workers has been a legal mess. The Hernandez ruling puts the focus squarely on the actual control a company has, not the boilerplate language in a contract. The court pointed to several factors that show a right to control, including:
- Direction over work methods: Does the platform tell you *how* to do your job beyond just the pickup and dropoff? Think specific routes, protocols for handling orders, or scripts for customer interactions.
- Performance evaluation and discipline: Is the app tracking you with ratings and metrics, and can it punish you or kick you off the platform based on that feedback?
- Provision of tools and equipment: You might use your own car, but does the platform make you use its proprietary app, branded bags, or other specific gear to do the job?
- Training requirements: Did you have to go through a specific onboarding or training that dictates exactly how you’re supposed to perform your tasks?
- Integration into the business: Is your delivery service a core part of the company’s entire business model, or is it just some secondary task?
Taken together, these things can easily prove an employer-employee relationship exists, even if the contract screams “independent contractor.” The court was clear that no single factor decides it. It’s about the whole picture of the relationship. For example, if DoorDash has tight rules for how you handle food, how fast you have to be, and can ding you for not meeting those standards, that’s a powerful argument for control. The law here is very fact-specific, and every case will be different.
Concrete Steps for Injured DoorDash Denver Drivers
If you’re a DoorDash driver in Denver, or any gig worker, and you get hurt on the job, like taking a pothole fall in a parking lot, you need to act fast and be smart. The Hernandez ruling gives you a much stronger legal footing, but you still have to build a rock-solid case. Here are the steps you must take.
1. Seek Immediate Medical Attention
Your health comes first. Get checked out by a doctor, even for what seems like a minor injury. Go to an urgent care, your own doctor, or an ER like the one at Denver Health Medical Center if it’s bad. Make sure every single injury is noted in your medical records. Don’t wait, insurance companies love to use gaps in treatment to argue that your injury didn’t happen at work.
2. Document the Incident Thoroughly
You have to document everything. Take photos and videos of the pothole, the parking lot, your injuries, your car, and any signs or landmarks nearby. Write down the exact date, time, and location (like the address and parking space number at the King Soopers on Colorado Boulevard). If anyone saw it happen, get their name and number. A detailed account written down right after the incident is gold.
3. Report the Injury Promptly
Tell DoorDash (or whatever platform you work for) what happened right away using their official channels and follow whatever injury reporting process they have. But you also need to report the injury to the Colorado Department of Labor and Employment (CDLE). Even if DoorDash says you’re an independent contractor, you should still file a workers’ comp claim. Under C.R.S. Section 8-43-102, you should notify your employer within four days. My advice? Report it the same day.
4. Preserve All Records
Keep everything. That means copies of all your messages with DoorDash, every medical bill, doctor’s report, receipts for anything you paid for out-of-pocket, and your earnings records. You should also keep a running log of any income you lost because you couldn’t work. These documents are the foundation of your claim.
5. Consult with a Workers’ Compensation Attorney
With how messy gig economy law is, you really need to talk to a lawyer who specializes in workers’ comp. An experienced attorney can look at your case, see how the Hernandez ruling applies, and walk you through the claim process at the Colorado Division of Workers’ Compensation. They can help get evidence, deal with the insurance company, and fight for you if your claim gets denied. Trying to go up against a massive corporation and its lawyers by yourself is a huge mistake.
Challenges and Considerations for Future Claims
Even with the Hernandez win, it’s not like every gig worker claim will be automatically approved. You can bet that insurance companies for these platforms will keep fighting these claims. They’ll argue that their business model doesn’t meet the “right to control” standard, pointing to things like a driver’s freedom to set their own hours or decline deliveries as proof of contractor status. This is where the legal fight will be. The weight given to each of these control factors is going to be argued over and refined in future court cases.
The burden is still on the injured worker to bring forward good evidence that the platform was in control. That means keeping careful records and having a clear picture of how the driver-platform relationship actually works in practice. If DoorDash, for instance, changes its terms of service to give drivers more explicit freedom over their routes, that’s something that will be fought over in court. This area of law is changing fast, so you have to stay on top of it.
There’s also the chance the government will step in. As courts keep redrawing the lines of employment for the gig economy, the Colorado General Assembly might feel pressured to pass new laws. They could either lock in a specific definition for gig workers or maybe even create a whole new class of worker with some, but not all, benefits. We’ve seen it happen in other states. For right now, though, the Hernandez decision is the law of the land.
The bottom line is that Hernandez v. Courier Services, Inc. is a big win for gig workers in Colorado, giving them a real shot at workers’ comp for on-the-job injuries, like a DoorDash Denver driver falling because of a pothole. The ruling makes it clear that the actual working relationship matters more than what a contract calls you. Any injured driver needs to be proactive: document the incident, get medical care, report it everywhere you need to, and get a good lawyer. Taking these steps is the best way to get the compensation and medical care you’re entitled to under Colorado law.
Does the Hernandez ruling mean all DoorDash drivers are now employees in Colorado?
No. The ruling doesn’t automatically make every gig worker an employee. What it does is give them a much stronger argument to be considered an employee for workers’ comp claims. Each case will still depend on the specific facts and how much control the platform has over the driver’s work.
What kind of injuries are covered after this ruling?
If a driver is found to be an employee, any injury that happens while working could be covered. This includes everything from a parking lot pothole fall and a car crash to repetitive strain injuries from driving all day. The coverage would be the same as for any traditional employee.
How long do I have to file a workers’ compensation claim after an injury?
In Colorado, you have two years from the injury date to file a claim with the Division of Workers’ Compensation. But it’s just as important to report the injury to the platform (your “employer”) within four days if you can, as stated in C.R.S. Section 8-43-102. Don’t give them any reason to complicate your claim.
Can I still claim workers’ compensation if I was partly at fault for my injury?
Yes. Workers’ comp is a no-fault system. As long as you were hurt on the job, you can usually get benefits even if you were partially to blame. The only exceptions are for things like being intoxicated, gross negligence, or intentionally hurting yourself.
What if DoorDash denies my workers’ compensation claim?
If your claim gets denied, you can appeal it. This usually means filing for a hearing with the Colorado Division of Workers’ Compensation. You absolutely should get a workers’ comp attorney at this point. They know how to handle the appeals process and can argue your case for you.
