[{"@context":"https:\/\/schema.org\/","@type":"Article","@id":"https:\/\/www.lawyertime.com\/line-of-duty-injury-lodi-claims-know-your-rights-after-a-sanitation-accident\/#Article","mainEntityOfPage":"https:\/\/www.lawyertime.com\/line-of-duty-injury-lodi-claims-know-your-rights-after-a-sanitation-accident\/","headline":"Line Of Duty Injury (LODI) Claims \u2013 Know Your Rights After A Sanitation Accident","name":"Line Of Duty Injury (LODI) Claims \u2013 Know Your Rights After A Sanitation Accident","description":"If you\u2019re a New York City sanitation worker injured in the line of duty, your rights don\u2019t follow the traditional workers\u2019 comp system \u2014 they fall under the city\u2019s 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, […]","datePublished":"2025-08-15","dateModified":"2026-05-26","author":{"@type":"Person","@id":"https:\/\/www.lawyertime.com\/author\/lawyertime\/#Person","name":"Jeff S. Korek, Senior Trial Partner","url":"https:\/\/www.lawyertime.com\/author\/lawyertime\/","identifier":6,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/2a6b585bd9ec0380c318ef0bf03ab217cd00e896106c76b0beaeb0435c083189?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/2a6b585bd9ec0380c318ef0bf03ab217cd00e896106c76b0beaeb0435c083189?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Gersowitz, Libo & Korek PC","logo":{"@type":"ImageObject","@id":"https:\/\/www.lawyertime.com\/wp-content\/uploads\/2021\/11\/logo2@1X.png","url":"https:\/\/www.lawyertime.com\/wp-content\/uploads\/2021\/11\/logo2@1X.png","width":600,"height":60}},"image":{"@type":"ImageObject","@id":"https:\/\/www.lawyertime.com\/wp-content\/uploads\/2025\/08\/sanitation-worker-injury.jpg","url":"https:\/\/www.lawyertime.com\/wp-content\/uploads\/2025\/08\/sanitation-worker-injury.jpg","height":1067,"width":1600},"url":"https:\/\/www.lawyertime.com\/line-of-duty-injury-lodi-claims-know-your-rights-after-a-sanitation-accident\/","about":["LODI Claim"],"wordCount":1344,"articleBody":"If you\u2019re a New York City sanitation worker injured in the line of duty, your rights don\u2019t follow the traditional workers\u2019 comp system \u2014 they fall under the city\u2019s 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\u2019re healed, or denied basic benefits they\u2019ve 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 CoverageAs a New York City Department of Sanitation worker, you’re not covered under the standard workers\u2019 compensation system. Instead, you receive Line of Duty Injury (LODI) benefits under New York City Administrative Code \u00a7 16-108 and \u00a7 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 \u2014 any incapacity resulting from a job-related incident. Whether you\u2019re hurt while collecting trash, plowing snow, or performing safety inspections, if it happens during your shift, LODI may apply.Injuries That Qualify for LODILODI 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 \u00a7 16-101, \u201cstreet\u201d includes not just the road but also sidewalks, boulevards, driveways, culverts, and more \u2014 all are considered covered environments if they fall within your work zone. Even if you\u2019re walking between vehicles or assisting another crew, as long as you\u2019re on duty and performing a task assigned by DSNY, an injury can qualify.How to Report a LODIIf you\u2019re 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 CriticalIf 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\u2019re hospitalized or unconscious, the delay can be excused, but it\u2019s on you to follow up quickly or ask someone to report on your behalf.What Counts as \u201cIncapacity\u201dUnder \u00a7 16-108.1, \u201cincapacity\u201d 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 \u2014 lifting, loading, driving, operating machinery \u2014 and the injury was sustained during duty, you\u2019re covered.Internal Documentation RequirementsBesides 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 \u2014 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\u2019s essential to get this right the first time and keep a copy of every document you submit.Internal Documentation RequirementsBesides 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 \u2014 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\u2019s essential to get this right the first time and keep a copy of every document you submit.Review of LODI DocumentsOnce your forms are submitted, DSNY will conduct a review. If anything is missing or incomplete \u2014 like absent witness statements, incorrect date\/time, or vague injury descriptions \u2014 your claim may be flagged. DSNY can pause or reject the LODI entry until it\u2019s corrected. Your salary and medical coverage may be held up until it clears.Your Right to Sue for InjuryJust because you\u2019re receiving full salary and benefits under LODI doesn\u2019t mean you can\u2019t 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\u2019 Compensation Law. In fact, because LODI is a civil service benefit \u2014 not a comp program \u2014 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 RequirementIf your injury was caused by municipal negligence \u2014 such as faulty street design, broken DSNY equipment, or unsafe garage conditions \u2014 you must file a Notice of Claim within 90 days of the incident. This is required under General Municipal Law \u00a7 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 PlayIf 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 \u00be of your final average salary.Examples of Hazards That Lead to LODI ClaimsSanitation workers face a wide range of dangers. LODI claims often arise from:Slips on icy sidewalks or garage floorsBroken or faulty DSNY equipmentExposure to hazardous waste or fumesAccidents involving snowplows or mechanical broomsFalls from trucks, hoppers, or collection binsCollisions with civilian drivers on collection routesDefective PPE or improperly maintained gearSudden injuries during lifting, pushing, or repetitive tasksEach 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 ClaimsWhen you suffer a Line of Duty Injury (LODI) as a New York City sanitation worker, you\u2019re not just dealing with pain \u2014 you\u2019re facing a system that often makes it difficult to access the benefits you\u2019ve 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\u2019ve 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."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Line Of Duty Injury (LODI) Claims \u2013 Know Your Rights After A Sanitation Accident","item":"https:\/\/www.lawyertime.com\/line-of-duty-injury-lodi-claims-know-your-rights-after-a-sanitation-accident\/#breadcrumbitem"}]}]