If you’re a sanitation worker who got hurt on the job and you believe the City of New York caused or contributed to your injury, you may have more legal rights than you’ve been told. Many workers don’t realize they can sue the City directly—especially when the injury happened on City property or involved unsafe conditions the City should have fixed. At Gersowitz Libo & Korek, P.C., our experienced attorneys know how to build these cases and fight back when the City tries to avoid responsibility. In this piece, Gersowitz Libo & Korek, P.C. explains important information about suing the City of New York as a sanitation worker, including who is eligible to bring a case, the types of financial compensation you may be able to receive, and how a NYC sanitation worker injury lawyer can fight on your behalf for compensation and justice.
Sanitation Workers Are Not Covered by New York State Workers’ Compensation
Unlike many other workers in New York, City sanitation employees do not receive standard workers’ compensation benefits. Instead, you’re covered under civil service rules that provide things like line-of-duty injury (LODI) pay and unlimited sick leave when you’re hurt on the job. While that sounds like a benefit, it also creates a legal opening that many workers don’t realize they have: the right to sue the City of New York for personal injury when the City is responsible for your accident.
Because sanitation workers fall outside the protections of the state’s Workers’ Compensation Law, you’re not blocked by the usual “exclusive remedy” rule that prevents most workers from filing personal injury lawsuits against their employers. This means that if the Department of Sanitation or another City agency is negligent — if, for example, you slipped on a poorly maintained garage floor or were hurt using faulty City-issued equipment — you may have the right to file a lawsuit and pursue full damages, not just your LODI benefits.
Sovereign Immunity in New York Doesn’t Always Protect the City
In general, governments in the United States can’t be sued unless they’ve agreed to waive what’s called “sovereign immunity.” But in New York, the State has waived this immunity in many cases, including those involving municipal negligence. That includes the City of New York, which can be held legally responsible if a City department like the Department of Sanitation fails to keep its workers safe.
This waiver allows you to bring a personal injury lawsuit if you’re hurt due to the City’s carelessness — for example, if you fall from a garbage truck with broken steps or get injured in a City garage that has defective lighting or unsafe conditions. It also covers injuries that result from unsafe road conditions on collection routes if the City was responsible for maintaining the area and failed to do so.
You should be aware that this waiver isn’t open-ended. The law requires strict compliance with legal procedures — especially with regard to notice and timelines — or your case may be thrown out regardless of how badly you were injured.
You Must File a Timely Notice of Claim
Before you can sue the City of New York or any of its departments, you are required by law to file what’s called a Notice of Claim. This is governed by § 50-e of the General Municipal Law of the State of New York. If you don’t file it within the deadline, the court may automatically dismiss your case no matter how strong your claim is.
The Notice of Claim must be served on the City within three months of the date of your accident. In this document, you’re required to provide basic facts about what happened, including the date, location, the nature of the injury, and what you believe the City did wrong. The City will then have a chance to review the claim and may request what’s called a 50-h hearing, where you are questioned under oath about your injuries and the events that caused them.
You Can Still Keep Your Job While Pursuing a Lawsuit
The City is your employer, yes — but when it’s negligent and that negligence causes your injury, the law gives you the right to hold it accountable while continuing your employment.
City sanitation workers are civil service employees with union protections. Your claim is a civil matter handled by the Comptroller’s Office, not your direct supervisors. You’re still expected to follow the proper DSNY procedures for reporting your LODI (Line of Duty Injury), but your right to file a legal claim runs independently from those internal procedures.
You can also apply for accidental disability retirement benefits (such as a ¾ pension) and pursue a lawsuit at the same time.
Lawsuits Are Allowed When the City Fails to Keep You Safe
New York law requires employers to maintain safe workplaces. In particular, Labor Law § 27-a applies to public employers and says that every place of employment must be free from hazards likely to cause death or serious injury. This includes DSNY garages, vehicles, loading areas, and other City-owned properties and equipment.
Negligence can take many forms: a broken truck step, lack of proper lighting in a garage stairwell, ice that hasn’t been cleared from a parking lot, missing safety equipment, or failure to fix hazards that have been reported. When these conditions lead to an injury, and the City was responsible for those conditions, a legal claim can be made.
Negligence also applies when the City fails to enforce its own safety protocols, or when a supervisor ignores unsafe practices.
Third-Party Lawsuits May Also Be Possible
Not every sanitation injury is the City’s fault. You may also have a case against another person or company. For example, if you were hit by a car while collecting trash at the curb, you may have a claim against the driver. If a private property owner failed to clear ice and you fell while walking up to the residence, that owner may be legally responsible in a premises liability case.
In these cases, you don’t need to file a Notice of Claim to sue the third party. You have three years under New York’s personal injury statute of limitations to file a lawsuit — though it’s still important to act quickly to preserve evidence.
Proper Documentation Strengthens Your Case
Even though your right to sue the City is independent of your LODI benefits, the paperwork you submit to DSNY — especially the DS 807 and DS 807B forms — still plays a major role in your case. These forms become part of the official record and may be used in court to support or question your version of events.
The DS 807 is the line-of-duty injury report that your supervisor usually completes. The DS 807B is the medical report completed by the hospital or treating physician. Both are required by the Department of Sanitation, and both should be filled out as completely and accurately as possible.
Make sure these forms mention the specific hazard or failure that caused your injury. For example, if you slipped on grease in a garage, that should be recorded in the incident description. If your equipment malfunctioned, that should be noted. If you’re unable to write your own statement, have your supervisor include a verbal version and initial it.
Inaccurate or vague reports can weaken your legal case later, especially if there’s a dispute over how the accident happened.
Your Legal Rights Come With Deadlines and Conditions
Lawsuits against the City of New York are complex and come with strict procedural rules. The most urgent of these is the Notice of Claim deadline — 90 days from the date of the accident. After that, you have one year and 90 days to file the actual lawsuit in court, as provided by General Municipal Law § 50-i. These deadlines are different from the three-year limit that applies to most personal injury claims in New York.
You should also expect to attend a pre-suit hearing, known as a 50-h hearing, and possibly submit to a medical exam. These steps are part of the City’s right to investigate your claim before it goes to trial.
To be successful, your case must show that:
- You were injured
- The City was responsible through its actions or inaction
- That responsibility directly caused your injury
Personal Injury Lawyers Help You Sue NYC for a Sanitation Worker Injury
If you were injured while working for the Department of Sanitation and believe the City of New York is responsible, you have the right to take legal action—and you don’t have to do it without a municipal employee injury lawyer in NYC. At Gersowitz Libo & Korek, P.C., we’ve been representing injured New Yorkers for over 40 years. Our experienced attorneys have recovered more than $1 billion for our clients, including sanitation workers and other city employees who were hurt in the line of duty. We know how the City defends these cases, and we’re not afraid to push back. When the City fails to provide a safe environment, we fight to hold them accountable—whether that means negotiating a fair settlement or going to trial. If you or someone you love has suffered a serious sanitation worker injury and needs help pursuing justice, contact Gersowitz Libo & Korek, P.C. by calling (201) 541-8540 or contacting us online for a free consultation.
