New York City Sanitation Worker Injury Lawyer

About NYC Sanitation Workers

New York City Sanitation Workers keep the city clean and safe by collecting garbage and recycling, cleaning streets, and clearing snow. They operate large vehicles and equipment, including snowplows, and must inspect, maintain, and drive these under all weather conditions. Their job includes removing encumbrances, reporting hazards, and ensuring materials collected are not dangerous. Workers load and unload heavy waste and bulk items, complete logs and reports, and follow designated routes.

Common Injuries Suffered by Sanitation Workers

• Lower back injuries — Lifting heavy bags, tossing debris, and jumping on and off trucks can cause herniated discs, lumbar sprains, and chronic back pain that may require surgery or permanent restrictions on physical activity.
• Fractures and broken bones — Falls on icy curbs, uneven sidewalks, or grease-slicked garage floors can lead to broken forearms, wrists, ankles, ribs, or even compound fractures, often requiring immobilization, pins, or orthopedic surgery.
• Knee and shoulder injuries — Repetitive motion, truck steps without grip, or sudden impacts can cause torn ligaments like ACL or meniscus tears in the knees, or rotator cuff injuries in the shoulders — both of which can mean months of physical therapy or disability retirement for DSNY personnel.
• Traumatic brain injuries (TBI) — Falls from collection trucks, being struck by machinery, or hitting the pavement without a helmet can cause concussions or more serious brain injuries, which may impair memory, focus, balance, and long-term cognitive function.
• Crush injuries and amputations — Mechanical malfunctions in hoppers, compactors, or front-end loaders can trap a hand, foot, or arm, leading to severe crush trauma or even partial or total amputation of a limb.
• Eye injuries — High-pressure garbage ejections, flying glass, or chemical splashes can cause serious eye injuries, ranging from corneal abrasions to permanent vision loss in one or both eyes.
• Neck and spinal injuries — Whiplash from truck collisions or falls from height can damage the cervical spine, causing nerve compression, chronic pain, or in severe cases, paralysis or permanent neurological deficits.
• Burns and chemical exposure — Workers dealing with household cleaners, batteries, or improperly disposed industrial waste may suffer chemical burns, respiratory damage, or long-term skin conditions from hazardous material contact.
• Respiratory illnesses — Repeated exposure to mold, dust, fumes, and decaying waste — especially without proper respiratory gear — can lead to chronic asthma, bronchitis, or occupational lung disease.
• Slip and fall injuries — Falls from garage ramps, platforms, or snow-covered walkways are common and can result in sprains, dislocations, fractured hips, or head trauma, particularly in winter or during overnight snow shifts.
• Vehicle-related trauma — Being struck by a distracted driver during collection, pinned between vehicles, or riding in a malfunctioning DSNY truck can lead to catastrophic full-body trauma, internal bleeding, or spinal cord injuries.
• Soft tissue injuries — Even injuries without broken bones can sideline workers. Muscle strains, torn tendons, and deep bruises are painful and often underestimated, but they can prevent the safe operation of DSNY vehicles or equipment.

These injuries don’t just affect your health — they threaten your livelihood, your retirement, and your family’s future. Many sanitation workers push through pain or work injured, not realizing the full legal and financial support available to them.

Sanitation Work Injury Statistics

A recent global review of sanitation workers found that over 32% experience work-related injuries, with the highest prevalence among healthcare facility cleaners (over 41%). These injuries stem from unsafe working conditions, poor access to occupational health services, inadequate protective equipment, and lack of training.

In 2023, the “administrative and support and waste management and remediation services” sector—which includes many sanitation workers—reported 94,000 nonfatal injury cases. The injury rate was 1.7 cases per 100 full-time workers. Accidents mostly concerned trucks and mechanical equipment like balers and compactors.

Understanding Your Right To Sue The City of New York

If you’re a New York City sanitation worker who’s been injured on the job, you’re not automatically barred from suing the City. Unlike many private-sector employees in New York, sanitation workers don’t fall under the state’s workers’ compensation system. Instead, you are covered under what’s known as line-of-duty injury (LODI) benefits. While these benefits provide sick leave and medical care, they don’t cover the full range of damages you may suffer, like pain and suffering or future loss of income. If your injury happened because of negligence by the City or a third party, you can file a lawsuit and still keep your job.

When LODI Benefits Are Not Enough

LODI benefits typically provide full salary, medical treatment, and job protection while you recover. But they don’t compensate for long-term effects like permanent disability, reduced quality of life, or emotional distress. If your injury leads to surgery, rehab, or forces you to stop working earlier than planned, those consequences aren’t addressed by LODI. That’s where a lawsuit can make a difference. By filing a personal injury claim, you may be able to recover damages for pain and suffering, future lost earnings, and out-of-pocket costs that go beyond the basic coverage offered by DSNY’s benefits.

Filing a Notice of Claim Against the City

If you’re planning to sue the City of New York after an injury, you need to file a document called a Notice of Claim within 90 days of the accident. This is not optional. It’s a legal requirement under New York General Municipal Law § 50-e. If you miss this deadline, your right to sue may be permanently lost — no matter how strong your case is. The Notice of Claim includes basic information: your name, the date and location of the incident, a description of the injuries, and how the City or one of its employees was negligent.

After the Notice is filed, the City has 30 days to request a hearing, known as a 50-h hearing, where you’ll be asked to answer questions under oath. After that, your attorney can file a lawsuit in civil court. From there, the case moves through discovery, depositions, and possibly settlement talks.

Types of Lawsuits Sanitation Workers Can File

There are several legal routes available depending on how your injury occurred. If you were hurt because of a broken sidewalk, pothole, or icy curb, you may have a premises liability claim. If you were struck by a vehicle while collecting trash, a motor vehicle accident claim might be appropriate. Equipment malfunctions can lead to product liability claims against manufacturers or maintenance contractors. You might also be able to bring a general negligence lawsuit against the City or a third party who caused your injury. Each of these lawsuits can exist alongside your LODI claim and target damages not covered under your basic benefits.

How Labor Law § 27-a Applies to Sanitation Work

Under New York Labor Law § 27-a, the City must provide a workplace free from hazards likely to cause injury. This includes safe DSNY garages, properly maintained vehicles and equipment, and adequate employee training. If a sanitation worker is hurt because of unsafe lighting, broken steps, or poorly maintained equipment, the City may be held liable. This law mirrors OSHA’s standards but applies specifically to public employees.

Labor Law § 200 and OSHA/PESH Standards

New York Labor Law § 200 also imposes a general duty on all employers — including the City — to provide reasonably safe working conditions. Public employees are not covered by federal OSHA, but the New York Public Employee Safety and Health (PESH) Bureau enforces equivalent standards. If your injury involved a private contractor or vendor, federal OSHA regulations may apply to them. OSHA violations by third parties can support negligence claims in a lawsuit.

What a LODI Really Covers

When you’re injured on the job as a sanitation worker, your incident is typically documented using DSNY Form DS 807, and medical providers use DS 807B. You are entitled to your full salary while you’re out of work, along with access to medical care through the DSNY Health Care Facility. These benefits are significant, but limited. They do not include compensation for pain and suffering or long-term future damages.

What Happens if You Can’t Return to Work

Some injuries leave sanitation workers permanently unable to return to full duty. In those cases, you may be eligible for Accidental Disability Retirement under § 605-b of the New York City Employees’ Retirement System (NYCERS). Known as the “¾ pension,” this benefit provides 75% of your final average salary, tax-free, if NYCERS determines you are permanently disabled due to an on-the-job accident that was not caused by your own willful negligence.

Third-Party Claims for Sanitation Injuries

Not all accidents involve direct negligence by the City. In many cases, a third party may be partly or fully responsible. If a private contractor failed to maintain a garbage truck or a property owner left an icy sidewalk unshoveled, you may have a claim against them. These types of lawsuits are called third-party claims. They don’t require you to prove the City did anything wrong — just that someone else’s negligence played a role in your injury.

How Union Membership Affects Legal Claims

Several NYC sanitation workers are members of Teamsters Local 831, the Uniformed Sanitationmen’s Association. Your union contract may provide job protections, leave policies, and access to union legal services, but it doesn’t limit your ability to file a personal injury lawsuit. In fact, your union may help support your claim by verifying work conditions, providing documentation, or even testifying if needed. However, your legal claim against the City or another party is separate from any internal grievance or contractual matter.

Deadlines for Legal Action After an Injury

In addition to the 90-day deadline for filing a Notice of Claim, you must also follow the general rules for filing a lawsuit in New York. For most personal injury claims, the statute of limitations is one year and 90 days when suing the City, and three years for third-party claims. These timeframes are strict. If you miss them, your case can be dismissed, even if your injuries are severe and your case is strong.

Contact a New York City Sanitation Worker Injury Lawyer

If you were injured while working as a sanitation employee in New York City, the team at Gersowitz Libo & Korek, P.C. is here to stand up for you. We know what you’re going through because we’ve represented injured sanitation workers and their families for decades. Our attorneys have more than 100 years of combined experience fighting for victims of serious workplace injuries, including those caused by faulty trucks, garage hazards, and negligent oversight by the City.

We’ve recovered over a billion dollars for our clients, and when you come to us, we treat your case with the urgency it demands. We listen. We fight. We don’t back down when the City pushes back. If you were hurt on the job, contact Gersowitz Libo & Korek, P.C. by calling (212) 385-4410 or contacting us online for a free consultation.