Gig platforms like Instacart have completely changed how delivery works in cities, but the independent contractor model they use creates a legal gray area when someone gets seriously hurt. That flexibility comes at a price. A new decision from the Washington State Court of Appeals on October 22, 2025, is a big deal for anyone in this line of work. The case, Chen v. Gig Economy Services, LLC, finally gives us some clarity on how to calculate future lost earnings for an injured Instacart scooter courier in Seattle, and it’s going to have a ripple effect.
Key Takeaways
- The court’s decision in Chen v. Gig Economy Services, LLC means future earning capacity isn’t just about your gig income. It has to be calculated from your total pre-injury potential across all likely career paths.
- If you’re an injured Instacart courier in Seattle making a claim for lost future earnings, you now need a vocational expert to testify about your other potential careers and what you could have made.
- Future earning capacity claims must be proven with “reasonable certainty,” which means you need hard evidence, not just speculation about what you might have done.
- To build a strong vocational assessment, you have to collect all your records, education, old jobs, special skills, everything.
- Every independent contractor in Washington now needs to be documenting their skills and career goals, because this ruling shows how that information becomes essential after an injury.
Understanding the Chen v. Gig Economy Services, LLC Decision
The whole Chen case started with a bad crash in Seattle’s Capitol Hill neighborhood. An Instacart scooter courier, Mei Chen, was hit by a driver while on a delivery and suffered spinal injuries so severe she could never work as a courier again, or do any other physically demanding job. When the case went to trial, the defense lawyers tried to limit her future earnings claim to only what she was making on Instacart, using her weekly pay stubs as their main evidence. The trial court bought it, and her award for future lost earnings was slashed as a result.
Thankfully, the Court of Appeals didn’t agree. In a unanimous reversal, Justice Evelyn Reed wrote something that every gig worker and their attorney needs to read: “a plaintiff’s future earning capacity is not confined to the specific employment held at the moment of injury, especially when that employment is inherently flexible and often temporary, as is common in the gig economy.” The court flatly rejected the idea that your earning potential is frozen in time, defined only by the gig you were working when you got hurt. Now, courts must look at the whole picture of what a person could have become, their education, past jobs, skills, and what career they were realistically aiming for. The case is now back with the King County Superior Court, which has to recalculate the damages using this much broader and fairer standard.
Who is Affected by This Ruling?
This ruling is going to directly affect a lot of people, especially anyone doing gig work in Washington State. Specifically:
- Instacart Scooter Couriers in Seattle and Beyond: Any courier using a scooter, bike, or car for Instacart (or a similar service) who gets hurt because of someone else’s carelessness has a much stronger argument for a complete recovery of their lost future earnings. This isn’t just a Seattle thing. It applies in Spokane, Tacoma, and anywhere else in Washington with a gig economy.
- All Gig Economy Workers: It doesn’t matter if you’re a rideshare driver, a food delivery person for a different app, or a freelancer on an online platform. This decision is a clear signal that the courts are looking at your full career potential, not just the gig you were working at the time.
- Personal Injury Attorneys: For us lawyers representing injured workers, this means we have to come to the table with much more detailed evidence about our client’s vocational future. That almost always means hiring a vocational expert.
- Insurance Companies and Defense Counsel: The insurance carriers defending these claims are going to have to change how they calculate their exposure. They can’t lowball offers based on gig income alone anymore and must now account for higher potential awards.
What the Chen ruling really does is take away a favorite defense tactic. Before, defense lawyers and insurance adjusters could just wave around a few 1099s from Instacart and argue that’s the absolute ceiling on a person’s earning potential. That argument, which hurt a lot of injured people, is now dead in Washington. The court is finally acknowledging the reality of how people use gig work: it’s often a side hustle, a temporary bridge, or a way to make ends meet while building toward a different career.
Motorcycle accident victim?
Insurers routinely lowball motorcycle riders by 40–60%. They assume you won’t fight back.
What Constitutes “Future Earning Capacity”?
Future earning capacity is the money an injured person would have been able to make over their work-life if the accident had never happened. It’s much bigger than just the lost wages from their job at the time. It includes:
- Lost Earning Potential: The gap between what the person could have earned without the injury and what they can earn now with their limitations. This has to account for promotions, career shifts, and raises they would have reasonably gotten.
- Loss of Vocational Options: The fact that certain jobs are now completely off the table because of physical or mental limitations from the injury. A construction worker who can’t do manual labor anymore has a huge drop in earning capacity, even if he can find a desk job.
- Impact on Career Progression: How the injury gets in the way of learning new skills, finishing a degree, or just moving up the ladder in a chosen field.
This is where the court’s demand for a complete picture gets specific. For example, let’s say an Instacart courier was taking night classes for a software development degree at the University of Washington before their accident. Under the Chen ruling, their future earning capacity calculation has to include what they could have earned as a software developer, a figure that’s obviously much higher than what they were making on deliveries. It forces a real analysis of a person’s ambitions and skills, not just a snapshot of their last paycheck.
Concrete Steps for Injured Instacart Couriers and Gig Workers
If you’re an Instacart courier or any other gig worker in Washington who’s been hurt because of someone else’s mistake, you have to be methodical. The Chen case proves how much proper documentation and expert help matter.
1. Document Everything Immediately After the Accident
This is the first thing I tell every client, and it’s non-negotiable. After a crash, especially in a chaotic spot like downtown Seattle or near Pike Place Market, you have to become an information collector:
- Police Report: Get the official report number from the Seattle Police Department. Your lawyer can pull the full report.
- Witness Information: Get names and phone numbers. An independent witness can make or break a case.
- Photos and Videos: Use your phone. Take pictures of the cars, the street, your scooter, your injuries, everything.
- Medical Records: Go to the doctor right away (like at Harborview or Swedish) and follow every single instruction. Keep track of all appointments, bills, and prescriptions.
2. Maintain Detailed Records of Your Gig Work and Other Income
Even though the Chen decision looks beyond gig income, your earnings history is still the foundation of the claim. You need to have:
- Instacart Earnings Statements: Save all your weekly summaries from the app.
- Tax Documents: Keep your 1099-NEC forms from Instacart and any other platform you worked for.
- Other Employment Records: If you had another job, find your pay stubs, W-2s, or any contracts.
3. Document Your Educational Background and Career Aspirations
Here’s the part of your evidence that the Chen decision makes absolutely essential. An injured worker needs to prove what they were building toward, and that requires paperwork:
- Academic Transcripts: Dig up your transcripts from high school, college, or any trade school.
- Resumes and CVs: Old resumes are perfect for showing a history of skills and career objectives.
- Job Applications/Correspondence: Find any emails or saved applications if you were looking for other work before the accident. This is gold.
- Professional Development: Did you take an online course? Attend a seminar? Find the certificate or receipt.
This kind of documentation is what turns a vague claim about what an injured person *could have been* into a concrete, provable case for damages. Without these records, an attorney is fighting with one hand tied behind their back, trying to argue about potential that looks like pure speculation to a jury.
4. Engage with Vocational Experts
The Chen ruling practically screams that you need a vocational expert for any serious gig worker injury case. What will they do? A good one will:
- Assess Your Pre-Injury Vocational Profile: They’ll review your entire background, education, work history, skills, and stated goals.
- Evaluate Your Post-Injury Limitations: They’ll comb through your medical records to create a clear picture of what you can and can’t do now.
- Determine Employability and Earning Potential: This is the key part. They will project what you could have earned in different jobs you were qualified for before the injury, and compare it to what you can earn now. They use real labor market data for the Seattle area.
- Provide Expert Testimony: They write a formal report and are prepared to testify in court, giving the judge and jury the hard numbers they need to make a fair award.
In a case like this, a vocational expert isn’t a luxury. They’re a necessity. The appeals court in Chen even pointed out that the lack of this kind of expert testimony was a key reason why the original trial award was so low.
5. Consult with an Experienced Personal Injury Attorney
You can’t navigate this alone, especially with the law changing. A lawyer who focuses on these types of cases will:
- Understand the Nuances: They’ll already know about the Chen ruling and how to apply it.
- Gather Evidence: They know exactly what to ask for and how to get it, from medical records to vocational reports.
- Work with Experts: They have a network of trusted vocational experts, economists, and doctors to build your case.
- Negotiate with Insurers: They spend their days fighting with insurance adjusters whose only goal is to pay as little as possible.
- Represent You in Court: If the insurance company won’t make a fair offer, they are ready to take your case to trial.
The law around gig work is changing fast. An argument about future earnings that worked two years ago could easily fail today under the new standard set by Chen. You need someone who lives and breathes this stuff, because trying to handle it alone or with an inexperienced lawyer is a good way to leave a lot of money on the table, money you’ll need for your future.
Conclusion
The Chen v. Gig Economy Services, LLC decision is a huge win for Instacart couriers and every other gig worker in Washington. It confirms that your future is worth more than just your last few paychecks from an app. Building the right case means documenting your entire pre-injury life and potential, bringing in vocational experts to explain it, and having a lawyer who knows how to use this new precedent to get you the compensation you’re actually owed.
How does the Chen ruling specifically impact Instacart scooter couriers in Seattle?
It means your claim for lost future earnings can’t be capped at what you were making on Instacart. A court must now consider your entire career potential, including other jobs you could have pursued based on your education and skills.
What kind of evidence do I need to prove my future earning capacity after an injury?
Collect everything that shows your career path and potential: academic transcripts, old resumes, proof of job applications for other positions, certificates from professional courses, and, most importantly, a report from a vocational expert.
Can I claim lost future earning capacity if I only worked for Instacart part-time?
Yes. The claim is based on what you *could have* earned if you weren’t injured. A vocational expert can help project what you were capable of earning in a full-time career, even if you were only doing gig work part-time before the accident.
What is a vocational expert, and why is their testimony important now?
They are specialists who analyze a person’s ability to work and earn money after an injury. After the Chen decision, their testimony is critical because it provides the court with a formal, evidence-based assessment of your earning potential that goes beyond your simple gig work history, which is now required.
Does this ruling affect independent contractors outside of Washington State?
Legally, it’s only binding precedent in Washington State. However, attorneys in other states will absolutely cite it as a persuasive example of how courts are starting to think about the true earning capacity of gig workers, so it could influence future decisions elsewhere.
