After you get a concussion working for Instacart in Chicago, you’re going to feel lost. The whole workers’ compensation recovery process is a nightmare, and there’s so much bad advice out there. People get hurt and have no idea what their rights are or what to do next. If you’ve suffered a traumatic brain injury working for a gig company, you have to cut through the noise and understand what’s true and what isn’t, or you could lose out on benefits you’re owed.
Key Takeaways
- In Illinois, Instacart shoppers are usually treated as employees for workers’ comp, so you can file a claim for work injuries.
- You have to report your Instacart work injury fast, ideally within 30 days, to protect your right to workers’ compensation benefits in Illinois.
- Don’t panic if the insurer sends you to their doctor for an independent medical examination (IME). It’s a standard step and doesn’t mean your claim is getting denied.
- Workers’ comp for a concussion should cover your medical bills, pay for your lost time off work (temporary total disability), and provide a settlement for any permanent issues (permanent partial disability).
- Even if Instacart denies your claim at first, you can fight it by taking your case to the Illinois Workers’ Compensation Commission.
Myth 1: Instacart Shoppers Aren’t Eligible for Workers’ Compensation
A lot of people think that since Instacart calls its shoppers “independent contractors,” they can’t get workers’ comp. That’s just not the case, especially here in Illinois. The laws for gig workers are changing constantly, and courts are pushing back. The Illinois Workers’ Compensation Act, specifically 820 ILCS 305/1 et seq., has a broad definition of “employee.” What matters is the real-world working relationship, not a label someone sticks in a contract.
Gig companies like Instacart have been taken to court over and over again about this. They want to call you an independent contractor, but the workers’ comp commission looks at the reality of the job. Who has the control? If Instacart tells you how to do your job or controls your tasks, you look a lot more like an employee than a contractor. Say you fall in a store and get a concussion while delivering groceries in Chicago’s Lincoln Park neighborhood. Your ability to get workers’ comp isn’t going to be decided by your Instacart contract. It’s going to be decided by how the Illinois Workers’ Compensation Commission (IWCC) sees the facts. We’ve seen plenty of cases where the IWCC found an employment relationship and awarded benefits, no matter what the contract said.
Myth 2: A Concussion Isn’t a “Serious Enough” Injury for Workers’ Comp
Some people think you only get workers’ comp for a broken bone or something you can see. This leads them to assume a concussion, an “invisible injury,” won’t be taken seriously. Making that mistake can cost you your health and your right to compensation. A traumatic brain injury (TBI), even one that seems mild, can cause serious, long-term problems. The Centers for Disease Control and Prevention (CDC) confirms how serious TBIs are, with symptoms like chronic headaches, dizziness, memory problems, and even personality changes. A concussion you get on an Instacart delivery, maybe from slipping on ice in a Chicago parking lot or getting rear-ended in traffic, is a compensable injury under Illinois law.
A concussion’s real severity might not show up right away. The symptoms can pop up or get worse days or even weeks later. What feels like a small bump on the head can turn into persistent post-concussion syndrome that messes with your ability to concentrate, remember things, and do your job. The Illinois Workers’ Compensation Act covers all injuries “arising out of and in the course of employment.” That includes concussions and all the fallout: doctor visits, therapy, lost wages while you’re recovering, and money for any permanent damage. You have to get medical attention for any head injury, no matter how small it feels, and report it to Instacart right away. Keeping a log of your symptoms and doing what your doctor says is how you build the proof you need for your claim.
Myth 3: You Have Unlimited Time to Report an Instacart Work Injury
One of the worst things you can believe is that you can wait to report a work injury. That’s just not true. Illinois law has very strict deadlines. Under 820 ILCS 305/6(c), you have to give your employer notice within 45 days of the accident. While there are some exceptions if your symptoms show up late, the only safe thing to do is report it immediately. For an Instacart shopper in Chicago, that means getting in touch with Instacart support and telling them you were hurt and what happened.
If you wait, you’re just giving the insurance company a reason to deny your claim. They’ll argue the injury didn’t happen at work or wasn’t that bad. If you get a concussion delivering in the West Loop or shopping in a Lakeview grocery store, report it that day. There is no good reason to wait. My advice is always to report it within 24-48 hours. On top of the 45-day notice rule, there’s also a statute of limitations for filing your Application for Adjustment of Claim with the IWCC. It’s usually three years from the accident date or two years from the last check you received, whichever is later. If you miss these deadlines, your claim is dead, no matter how badly you were hurt.
Myth 4: If Instacart Denies Your Claim, Your Case is Over
Getting a denial letter from Instacart’s insurance company feels like a final judgment, and a lot of people just give up right there. This is a huge mistake. A denial isn’t the end of your case. It’s usually just the start of the real fight. When the insurer denies a claim, they’re just stating their position, that they don’t think the injury happened, that it wasn’t work-related, or that you’re not as hurt as you say. You have every right to fight that denial at the Illinois Workers’ Compensation Commission.
The IWCC is basically a court system for work injury disputes. If your claim gets denied, you file an Application for Adjustment of Claim, and that starts the legal process. An arbitrator will eventually hear your case. You’ll present your evidence, medical records from your neurologist at Rush University Medical Center, testimony from anyone who saw the accident, reports from medical experts. It’s a real legal battle with hearings and depositions, and it can even go up on appeal. An insurance company’s denial is just their opening move. It’s not the final word on your rights.
Myth 5: You Must Accept the First Settlement Offer for Your Traumatic Brain Injury
Sometime after your concussion, especially if you have symptoms that aren’t going away, you’ll probably get a settlement offer from Instacart’s insurer. A lot of injured workers think they have to take it, that it’s the best they’re going to get. This is almost never true. The first offer is a lowball offer. It’s designed to save the insurance company money, not to actually pay you what your case is worth.
A concussion can lead to a lifetime of medical problems. The long-term effects of a TBI, like chronic headaches, memory loss, or mood problems, might not be fully known for months or years. If you take a quick settlement, you could be left paying for future medical care out of your own pocket and with no compensation for your lost ability to earn a living. Think about it: if an Instacart shopper gets a concussion after getting hit by a car while delivering in Streeterville, the future costs for neurologists, rehab, and the effect on their ability to work could be massive. You need to know your full medical prognosis before you even think about settling. An experienced lawyer can tell you what a fair offer looks like, negotiate for a better one, or take your case to a hearing to make sure you get the full benefits you’re entitled to under Illinois law.
Getting through the mess of a work-related concussion in Chicago means you have to know your rights and how the system works. Don’t let these common myths or a denial letter stop you from getting the benefits you deserve. Get to a doctor, report your injury to Instacart, and think seriously about talking to a lawyer to make sure you’re protected.
What medical treatments are covered for an Instacart concussion under Illinois workers’ compensation?
Workers’ comp in Illinois should cover all reasonable and necessary medical care for your work-related concussion. This can be a lot of things: ER visits, appointments with neurologists, neuropsychological testing, physical and occupational therapy, speech therapy, prescriptions, and any other care you need for post-concussion syndrome or other TBI symptoms.
Can I choose my own doctor for a concussion sustained as an Instacart shopper?
Yes. In Illinois, you have the right to choose two doctors and follow their chains of referral. So if your first doctor sends you to a neurologist, and that neurologist sends you to a physical therapist, that all counts as part of your first “choice.” Be aware, the employer’s insurance company can also send you to a doctor of their choosing for an “independent medical examination” (IME).
What if I can’t work due to my Instacart concussion? Will I receive lost wages?
Yes, if your doctor takes you off work because of the concussion, you should get temporary total disability (TTD) benefits. These checks are typically for two-thirds of your average weekly wage, though there are state-mandated minimums and maximums. You receive TTD until your doctor says you can go back to work or that you’ve reached maximum medical improvement (MMI).
How does a pre-existing condition affect my Instacart concussion claim?
A prior condition won’t automatically kill your claim. If your work accident made an old problem worse, aggravating, accelerating, or “lighting up” a condition you already had, you can still get benefits. You just have to show that the work incident was a cause of your current disability.
What is an “Application for Adjustment of Claim” and when should I file it?
This is the formal document you file with the Illinois Workers’ Compensation Commission (IWCC) to start a legal case. You’d file it if Instacart denies your claim, cuts off your benefits, or if you’ve finished your medical treatment (reached MMI) and need to get paid for the permanent effects of your injury. You have to file it before the statute of limitations runs out, which is usually three years from the accident or two years from your last benefit payment.
