If you were injured while working for the Department of Sanitation (DSNY), the law gives you the right to pursue compensation, not just from third parties, but from the City itself. These cases are not like ordinary work injuries. Sanitation workers don’t receive workers’ compensation benefits. Instead, you’re entitled to line-of-duty protections and, when appropriate, the ability to sue the Department of Sanitation and the City of New York for negligence. These are often high-stakes, high-resistance cases involving serious injuries, long-term medical consequences, and lost careers. You want attorneys who understand the municipal system, who know how to litigate against the City, and who are prepared to act quickly within the strict notice deadlines imposed by law. Below, the attorneys at Gersowitz Libo & Korek, P.C. explain important legal information about suing the Department of Sanitation—including your rights, what kinds of compensation may be available, and how a sanitation injury attorney can advocate on your behalf for justice.
Why Sanitation Workers Can Sue DSNY
The New York City Department of Sanitation (DSNY) maintains NYC’s safety, cleanliness, and public health by managing waste collection, recycling, street cleaning, and snow removal. These essential services often come at a physical cost, as sanitation workers face hazardous conditions that lead to frequent injuries.
Most employees in New York rely on workers’ compensation when they get hurt at work. But sanitation workers employed by the City of New York don’t fall under that system. Instead, you receive what’s called Line of Duty Injury (LODI) benefits. These include medical treatment and full pay while you recover, but they don’t prevent you from suing. Because you’re outside the state’s workers’ comp law, you’re allowed to file a lawsuit directly against DSNY or the City of New York if your injury was caused by negligence.
The 90-Day Rule Under GML § 50-e
Before you can sue DSNY, you have to file a legal document called a Notice of Claim. Under General Municipal Law § 50-e, this must be submitted within 90 days of your accident. That notice tells the City what happened, where it happened, and what damages you’re seeking. If you miss the deadline, your lawsuit may be thrown out before it even starts. Even if your injuries are serious, the law doesn’t offer any exceptions for delays unless a judge agrees to let you file late, which is rare.
What Happens After the Notice of Claim
After you file your notice, the City can require you to appear at a 50-h hearing. This is a formal interview where you’re asked under oath about your injury, how it happened, and your medical treatment. The City may also request medical records or schedule its own examination of your condition. After this hearing—and once 30 days have passed since you filed—you can file your lawsuit in court. But don’t wait too long. You must start your lawsuit within one year and 90 days from the date of your injury.
Common DSNY Conditions That Lead to Lawsuits
You don’t need to prove DSNY hurt you on purpose. But you do need to show that the Department failed to keep you safe when they should have. That includes not fixing known hazards, using broken or outdated equipment, or failing to train workers on safety protocols. Some common examples include:
- Grease-covered garage floors that lead to slip-and-falls
- Faulty hydraulic systems on garbage trucks that malfunction mid-route
- Ice-covered steps on rear loaders with no warning signage
- Dim lighting in garages that hides dangerous debris
- Unsecured hopper doors that swing open and strike workers
When those conditions are ignored or not properly corrected, DSNY can be held legally responsible for any resulting injuries.
Specific Injury Types Seen in DSNY Lawsuits
The nature of your injury doesn’t just affect your health—it also affects the legal strength and value of your claim. Some common injuries in DSNY-related lawsuits include:
- Spinal cord injuries from falling off trucks or being pinned by machinery
- Traumatic brain injuries from head impacts
- Crushed limbs due to malfunctioning lift arms or vehicle contact
- Amputations from defective machinery
- Soft tissue tears in the shoulders or knees from lifting bags repeatedly
- Exposure to hazardous chemicals without proper PPE
These injuries are not only serious—they’re also preventable. When DSNY’s failure to act leads to this level of harm, the courts take notice.
Unusual Occurrence Reports and the LODI Process
After an on-the-job injury, DSNY will require you to fill out DS 807 and DS 807B forms as part of the LODI process. These forms record where, when, and how your injury happened. But they’re not the only internal documents that matter. Supervisors are also supposed to complete an Unusual Occurrence Report. This form records the specific hazard that caused the incident—whether that’s a broken step, a missing guard rail, or a chemical leak. If those reports confirm negligence, they become strong evidence in your lawsuit. If they’re vague or wrong, your attorney can challenge them.
The Role of Fatigue and Inadequate Training
Some hazards aren’t physical objects—they’re part of how the job is managed. Sanitation workers in NYC often work long shifts with high physical strain, which leads to fatigue. If DSNY doesn’t schedule adequate breaks or assigns repetitive heavy labor without rotation, that can contribute to accidents. Inadequate training is also a factor. If you weren’t fully trained to handle equipment, chemicals, or emergencies, the Department may be liable for creating unsafe working conditions. These systemic issues are often overlooked—but they can be just as dangerous as broken equipment.
Third-Party Liability in DSNY Injuries
Not every injury is DSNY’s fault. In many cases, someone else shares responsibility. You may be able to file a separate claim against:
- A driver who struck you while you were collecting trash
- A building owner whose cracked sidewalk caused your fall
- A manufacturer of faulty sanitation equipment
- A contractor responsible for garage maintenance
These third-party lawsuits can be filed alongside your claim against DSNY. They often provide access to additional compensation, especially if DSNY’s liability is limited.
Permanent Injuries and Disability Retirement
If your injury prevents you from returning to sanitation work, you may be eligible for a disability pension through the New York City Employees’ Retirement System (NYCERS). There are two types:
- Accidental Disability Retirement (ADR) for unexpected, job-related accidents
- Ordinary Disability Retirement (ODR) for medical conditions not tied to a specific event
The type of pension you qualify for can influence your lawsuit. For example, qualifying for ADR may help confirm that the injury was sudden, severe, and tied to DSNY’s negligence.
Types of Damages You Can Recover
A successful lawsuit doesn’t just cover your medical bills. It can include compensation for:
- Past and future pain and suffering
- Lost wages from missed work
- Diminished future earnings if you can’t return to the job
- Medical expenses not covered by LODI
- Permanent disability or disfigurement
- Emotional distress and reduced quality of life
- Loss of retirement or pension contributions
When DSNY’s failure to protect you changes your life, the law allows you to be compensated for those losses.
Your Legal Rights as a Union Member
Filing a lawsuit doesn’t mean you give up your rights as a civil servant. If you’re represented by Teamsters Local 831 or another municipal union, you still retain your union protections during and after legal proceedings. You do need to comply with DSNY’s procedures—such as timely reporting, LODI compliance, and returning to clinic appointments—but your legal rights extend beyond what your union contract covers.
NYC DSNY Injury Lawyer for Sanitation Worker Injury Lawsuits
If you were seriously injured while working for DSNY, you likely have more questions than answers—especially if you’re being told your only option is to file for line-of-duty benefits. That’s not the full picture. When your injury was caused by negligence—whether it was unsafe equipment, ignored hazards, or a failure by the Department itself—you may have the legal right to file a lawsuit against the City of New York. These are not easy cases. The City will fight them. But at Gersowitz Libo & Korek, P.C., our experienced sanitation worker injury attorneys have spent decades standing up to municipal defendants on behalf of injured workers. If you’re considering legal action against DSNY, don’t wait. Contact Gersowitz Libo & Korek, P.C. by calling (516) 908-9792 or contacting us online for a free consultation with a DSNY injury attorney.
