If you’re a New York City sanitation worker injured in the line of duty, your rights don’t follow the traditional workers’ comp system — they fall under the city’s LODI (Line of Duty Injury) laws. That means your full salary, your medical care, and your long-term career could hinge on how your injury is documented, how quickly forms are submitted, and whether the City recognizes your claim as duty-related. Too often, we see sanitation workers placed on unpaid leave, pressured to return before they’re healed, or denied basic benefits they’ve earned. At Gersowitz Libo & Korek, P.C., we represent injured DSNY employees who are forced to fight for what should already be theirs. In this piece, we explain the key aspects of LODI law, your rights under New York City regulations, what types of compensation may be available, and how a NYC sanitation worker injury lawyer can advocate for you every step of the way in a LODI claim.
Understanding LODI Coverage
As a New York City Department of Sanitation worker, you’re not covered under the standard workers’ compensation system. Instead, you receive Line of Duty Injury (LODI) benefits under New York City Administrative Code § 16-108 and § 16-108.1. These laws entitle you to receive your full salary and medical treatment when you’re injured or become ill in the course of performing your duties. This includes full, limited, or light duty — any incapacity resulting from a job-related incident. Whether you’re hurt while collecting trash, plowing snow, or performing safety inspections, if it happens during your shift, LODI may apply.
Injuries That Qualify for LODI
LODI claims can arise from many scenarios: a fall on ice during trash pickup, being struck by a vehicle while placing cones, exposure to chemicals in a garage, or being injured by a mechanical failure in a DSNY truck. These are not unusual occurrences. Under § 16-101, “street” includes not just the road but also sidewalks, boulevards, driveways, culverts, and more — all are considered covered environments if they fall within your work zone. Even if you’re walking between vehicles or assisting another crew, as long as you’re on duty and performing a task assigned by DSNY, an injury can qualify.
How to Report a LODI
If you’re injured on the job, notify your supervisor immediately. Same-shift reporting is required under DSNY policy. Your supervisor typically completes a DS 807 form (Injury Report) and provides you with a DS 807B (Medical Provider Report). The DS 807 includes your account, witness statements, and conditions at the scene. The DS 807B must be completed at the hospital or urgent care facility where you receive treatment. Both forms must be submitted to the DSNY Health Care Facility (HCF) without delay. If these are not properly completed and filed, your injury may be treated as sick leave rather than a LODI, which can cost you full salary coverage.
Why Timing Is Critical
If you wait until after your shift to report an injury, you may lose eligibility. LODI claims are presumed invalid if not reported the same day. Delayed reports raise red flags, and unless you provide a compelling reason with documented proof, your injury may be reclassified as regular sick leave. If you’re hospitalized or unconscious, the delay can be excused, but it’s on you to follow up quickly or ask someone to report on your behalf.
What Counts as “Incapacity”
Under § 16-108.1, “incapacity” includes more than being completely unable to work. It also applies if you are temporarily reassigned to limited or light duty because of your injury. As long as your condition prevents you from doing your regular job functions — lifting, loading, driving, operating machinery — and the injury was sustained during duty, you’re covered.
Internal Documentation Requirements
Besides the DS 807 and 807B, your supervisor is expected to complete an Unusual Incident Report (DS 779). This record details what led to the injury — like a broken liftgate, slippery garage surface, or pedestrian interference. This form can make or break a pension or legal claim later. If your documentation is missing witness names, dates, or specific facts, DSNY may deny the claim entirely. It’s essential to get this right the first time and keep a copy of every document you submit.
Internal Documentation Requirements
Besides the DS 807 and 807B, your supervisor is expected to complete an Unusual Incident Report (DS 779). This record details what led to the injury — like a broken liftgate, slippery garage surface, or pedestrian interference. This form can make or break a pension or legal claim later. If your documentation is missing witness names, dates, or specific facts, DSNY may deny the claim entirely. It’s essential to get this right the first time and keep a copy of every document you submit.
Review of LODI Documents
Once your forms are submitted, DSNY will conduct a review. If anything is missing or incomplete — like absent witness statements, incorrect date/time, or vague injury descriptions — your claim may be flagged. DSNY can pause or reject the LODI entry until it’s corrected. Your salary and medical coverage may be held up until it clears.
Your Right to Sue for Injury
Just because you’re receiving full salary and benefits under LODI doesn’t mean you can’t sue for damages. Under New York law, sanitation workers can sue the City of New York, the Department of Sanitation, private property owners, manufacturers of defective equipment, or any other third party who may have caused or contributed to the injury. You are not barred by the Workers’ Compensation Law. In fact, because LODI is a civil service benefit — not a comp program — you retain your full legal rights. This includes the right to seek damages for pain and suffering, future lost wages, pension loss, and emotional distress.
Notice of Claim Requirement
If your injury was caused by municipal negligence — such as faulty street design, broken DSNY equipment, or unsafe garage conditions — you must file a Notice of Claim within 90 days of the incident. This is required under General Municipal Law § 50-e. Failing to file within this deadline may permanently bar you from suing. Your LODI paperwork can help support your claim, but it does not substitute for filing the actual notice.
When Disability Retirement Comes Into Play
If your injury results in permanent disability, you may qualify for retirement benefits under NYCERS. There are two types:
- Ordinary Disability Retirement (ODR): For non-accidental job-related injuries.
- Accidental Disability Retirement (ADR): For sudden, unexpected injuries in the course of duty, providing a tax-free pension equal to ¾ of your final average salary.
Examples of Hazards That Lead to LODI Claims
Sanitation workers face a wide range of dangers. LODI claims often arise from:
- Slips on icy sidewalks or garage floors
- Broken or faulty DSNY equipment
- Exposure to hazardous waste or fumes
- Accidents involving snowplows or mechanical brooms
- Falls from trucks, hoppers, or collection bins
- Collisions with civilian drivers on collection routes
- Defective PPE or improperly maintained gear
- Sudden injuries during lifting, pushing, or repetitive tasks
Each of these may seem routine in sanitation work, but they are exactly the kinds of incidents that the LODI process was designed to address.
Contact a NYC Sanitation Worker Injury Lawyer for LODI Claims
When you suffer a Line of Duty Injury (LODI) as a New York City sanitation worker, you’re not just dealing with pain — you’re facing a system that often makes it difficult to access the benefits you’ve earned. The LODI process is filled with rules, deadlines, and forms that can put your pay, your benefits, and even your job at risk. At Gersowitz Libo & Korek, P.C., our experienced attorneys have spent decades fighting for injured DSNY workers, and we understand the unique challenges that come with these claims. We’ve recovered over $1 billion for our clients and are ready to stand up for you if your LODI rights are being delayed, denied, or ignored. Contact Gersowitz Libo & Korek, P.C. by calling (516) 908-9792 or online for a free consultation about your LODI claim.
