[Direct answer]The key issue is to first examine the employment relationship. If the rider accepts the attendance scheduling and payroll distribution of the platform or company, and the delivery service constitutes a part of the company's business, it can generally be determined that an employment relationship exists. Injuries sustained during meal delivery due to work-related reasons should be recognized as work-related injuries. According to Article 17 of the "Regulations on Work-related Injury Insurance" (promulgated by the State Council on April 27, 2003 and amended on December 20, 2010, effective from January 1, 2011), the employer shall submit a report within 30 days from the date of the accident. If the employer fails to report the accident, the rider or his/her near relatives may apply for compensation within one year. If the rider has already obtained occupational injury protection in the new employment form, it does not affect the separate confirmation of the employment relationship and the application for work-related injury recognition.

I. Problem Background and Typical Scenarios

Food delivery is a typical platform-based employment scenario: riders register and accept orders on the app, and most of the agreements they sign with the delivery station are "Delivery Contracting Service Agreements" or "Cooperation Agreements". Their pay is settled on a per-order basis, but they are subject to the station manager's scheduling, attendance checks, and overtime penalties in their daily work. When traffic accidents or falls occur, the company often refuses to report the injuries as work-related on the grounds that the two parties are in a cooperative relationship rather than an employment relationship.

II. Key points of contention

First, the name of the agreement does not necessarily reflect its actual implementation. If the agreement is written as a contract for hire or cooperation, it does not necessarily negate the existence of a labor relationship. The court pays more attention to the actual management methods. Second, controlling labor management. Whether the station manager arranges shifts and checks attendance, whether the riders can refuse to accept orders, whether there are penalties for overtime and negative reviews, and who calculates and distributes the remuneration are the core facts. Third, economic dependence. Whether the remuneration is the main source of income and whether the rider has been delivering for the same entity for a long time also affect the determination of the nature of the relationship. Fourth, identifying the responsible parties. The app operator, the delivery contractor, and the station company are often different entities. It is necessary to identify them layer by layer through the flow of orders, the payment of remuneration, and the source of the system. The standards can be referred to for this purpose.Work-related injury compensationRules.

III. Professional analysis by Henglue Lawyers

According to the experience of Henglue Lawyers, the outcome of such cases almost depends on the degree of evidence-based management of facts. If the platform unifies the scheduling and attendance of riders, the station manager assigns orders and evaluates performance in the group chat, and the riders have almost no autonomy in accepting orders, it is more likely to be recognized as a labor relationship; if the riders can accept orders completely independently, serve multiple platforms at the same time, and receive payment based on orders without a fixed salary, it is closer to a contractor or cooperative relationship; if the rider's status is named as a contractor but in fact is an employee, it depends on evidence to restore the true management relationship. The judge pays attention to whether the rider is required to stay online for a fixed period of time, whether he/she is forced to attend morning meeting training, whether he/she is subject to the platform's rules and penalties, whether the equipment and clothing are provided by the platform, and whether the remuneration is settled by the company's account. There are three common pitfalls: failing to fix the backend data in time and losing the records; mistakenly believing that if you receive occupational injury benefits, you can't claim work-related injuries anymore; and only suing the platform or the platform while ignoring the real employing entity. For the clarification of multi-party contractual relationships, you can refer to the relevant provisions.Business and contract disputes in enterprisesExperience.

IV. Practical suggestions and legal basis

According to Articles 14, 17, and 33 of the "Regulations on Work-Related Injury Insurance" (promulgated by the State Council on April 27, 2003 and amended on December 20, 2010, effective from January 1, 2011), Article 7 of the "Labor Contract Law of the People's Republic of China" (adopted on June 29, 2007 and amended on December 28, 2012), and the "Notice on Establishing Labor Relationships" (issued by the Ministry of Labor and Social Security on May 25, 2005), it is recommended that: 1. Report the accident to the police and seek medical treatment immediately, and retain the traffic police accident documents; 2. Back up the App orders and online working hours, the station manager's dispatch and evaluation chat records, and the fines and reward notifications; 3. Save the pay records and verify the payment subject, and if necessary, apply for an investigation order to retrieve the backend data; 4. First confirm the labor relationship through labor arbitration, and then apply for work-related injury identification based on the arbitration ruling; 5. For those who are not insured, the employer shall pay according to the items and standards of work-related injury insurance, and the implementation process may be referenced accordingly.Creditor's rights and debts, and enforcementExperience.

5. Henglu Law Firm's Reminder

The biggest obstacle for riders to protect their rights is that the evidence is in the hands of the platform. Backstage data may not be retrievable after the account is canceled, so it should be exported and preserved immediately after an accident. Signing a contract of employment does not mean losing all rights, but it will significantly increase the burden of proof. Work-related injury benefits do not exclude commercial accident insurance and occupational injury protection. Actual expenses such as medical fees will not be compensated twice, and the remaining items can be claimed separately. When there are multiple employment entities involved, it is advisable to first conduct entity penetration and evidence inventory, and if necessary, seek legal assistance through legal means.Specialised legal servicesCoordinate. For any related procedural issues, please contactBeijing Henglu Law FirmConsultation.

VI. Frequently Asked Questions

Q1: Is it likely for riders to win their compensation claims for work-related injuries?

It depends on the evidence of the management facts. If the site arranges work schedules and attendance, the station manager assigns tasks and evaluates performance, and the compensation is settled according to the company's standards and constitutes the main source of income, there is a greater chance of establishing an employment relationship; if the worker completely independently accepts orders, works on multiple platforms in parallel, and is paid according to each order without any management, it will be much more difficult to claim workers' compensation.

Q2: What evidence do I need to prepare?

App orders and online duration records, dispatch group chats and assessment and punishment notifications, station manager's chat records, remuneration records and payment subject information, work uniforms and training certificates, traffic police accident identification documents, medical records and diagnosis certificates, platform registration and agreement texts.

Q3: What's the approximate cost?

Arbitration of labor and personnel disputes and the identification of work-related injuries are both free of charge. For lawsuits to confirm labor relations, the litigation fees shall be paid according to the subject matter of the dispute, and if the subject matter is difficult to determine, the court shall determine it. The attorney's fees shall be subject to the provisions of the entrustment contract, and the parties may negotiate the fee method based on the subject matter of the case.

Q4: How long does the process take?

Labor arbitration generally renders a decision within 45 days after acceptance, which can be extended by 15 days; if the party is not satisfied with the decision and files a lawsuit, it usually takes three to six months for the first-instance trial; after confirming the employment relationship, it takes about 60 days to proceed with the work-related injury identification. The identification and claim for benefits are calculated separately, and the overall process usually takes about a year.

Q5: What should I do first?

First, report the accident to the police and seek medical treatment to document the accident and injuries. Then, immediately export backend data such as orders, attendance, chats, and payment records. Next, confirm the name of the delivery contractor, apply to the Labor and Personnel Dispute Arbitration Committee to confirm the labor relationship, and simultaneously request the employer to report the work-related injury in writing.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the interpretation of the law in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

VII. Relevant public cases (for reference only, not handled by our firm)

The following cases are all sourced from the official websites of courts at all levels, judicial authorities, and authoritative media outlets, and are unrelated to the cases handled by our firm. They are provided solely for reference in understanding relevant adjudication rules and do not constitute opinions on specific cases.

[Case No.]The case number has not been made public.
[Trial Court]Intermediate People's Court of Suzhou City, Jiangsu Province (second-instance and final-instance trial)
[Judicial Summary]Rider Xiao Xu engaged in takeout delivery at the station. The station manager of the company contracting the delivery business at the station implemented attendance management for the riders and settled the pay at the station. Xiao Xu had no substantive autonomy in deciding whether to accept orders or when to accept them, and the pay constituted his main source of income. The court determined that the employer exercised dominant labor management over the riders, and the riders had obvious economic dependence on the employer, which met the essential characteristics of labor relations. The confirmation of occupational injuries in the new employment form did not affect his right to separately request confirmation of labor relations and apply for work-related injury identification.
[Source]The China Court Network article titled "Delivery Riders Involved in Traffic Accidents: Occupational Injury or Work-Related Injury?" (April 2025)

[Case No.]The case number has not been made public.
[Trial Court]The Intermediate People's Court of Baise City, Guangxi Zhuang Autonomous Region (second-instance final judgment, one of the ten typical cases of 2025)
[Judicial Summary]The rider, Huang **, signed a "Delivery Contract Service Agreement" with a certain technology company, but the delivery services he provided were an integral part of the company's business, his labor was subject to the company's rules, and his compensation was settled according to the company's assessment standards. The court determined that a labor relationship existed between the two parties. The company failed to pay for his work injury insurance and neglected to fulfill its obligation to apply for work injury recognition. Therefore, it should bear compensation liability in accordance with the items and standards of work injury insurance and was ordered to pay a total of more than 140,000 yuan in various work injury benefits.
[Source]The official website of the Intermediate People's Court of Baise City, Guangxi Zhuang Autonomous Region, published the "Top Ten Typical Cases of Baise City Court in 2025" (April 2026).

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Labor arbitration legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.