[{"@context":"https:\/\/schema.org\/","@type":"Article","@id":"https:\/\/www.lawyertime.com\/suing-the-city-of-new-york-for-a-sanitation-worker-injury\/#Article","mainEntityOfPage":"https:\/\/www.lawyertime.com\/suing-the-city-of-new-york-for-a-sanitation-worker-injury\/","headline":"Suing the City of New York for a Sanitation Worker Injury","name":"Suing the City of New York for a Sanitation Worker Injury","description":"If you\u2019re 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\u2019ve been told. Many workers don\u2019t realize they can sue the City directly\u2014especially when the injury happened on City property or involved unsafe […]","datePublished":"2025-08-18","dateModified":"2025-12-23","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.jpg","url":"https:\/\/www.lawyertime.com\/wp-content\/uploads\/2025\/08\/sanitation-worker.jpg","height":637,"width":900},"url":"https:\/\/www.lawyertime.com\/suing-the-city-of-new-york-for-a-sanitation-worker-injury\/","about":["Sanitation Worker Injury"],"wordCount":1577,"articleBody":"If you\u2019re 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\u2019ve been told. Many workers don\u2019t realize they can sue the City directly\u2014especially 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’ CompensationUnlike many other workers in New York, City sanitation employees do not receive standard workers’ compensation benefits. Instead, you\u2019re covered under civil service rules that provide things like line-of-duty injury (LODI) pay and unlimited sick leave when you\u2019re hurt on the job. While that sounds like a benefit, it also creates a legal opening that many workers don\u2019t 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 \u201cexclusive remedy\u201d 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 \u2014 if, for example, you slipped on a poorly maintained garage floor or were hurt using faulty City-issued equipment \u2014 you may have the right to file a lawsuit and pursue full damages, not just your LODI benefits.Sovereign Immunity in New York Doesn\u2019t Always Protect the CityIn general, governments in the United States can\u2019t be sued unless they\u2019ve agreed to waive what\u2019s called \u201csovereign immunity.\u201d 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\u2019re hurt due to the City\u2019s carelessness \u2014 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\u2019t open-ended. The law requires strict compliance with legal procedures \u2014 especially with regard to notice and timelines \u2014 or your case may be thrown out regardless of how badly you were injured.You Must File a Timely Notice of ClaimBefore you can sue the City of New York or any of its departments, you are required by law to file what\u2019s called a Notice of Claim. This is governed by \u00a7 50-e of the General Municipal Law of the State of New York. If you don\u2019t 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\u2019re 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\u2019s 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 LawsuitThe City is your employer, yes \u2014 but when it\u2019s 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\u2019s Office, not your direct supervisors. You\u2019re 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 \u00be pension) and pursue a lawsuit at the same time.Lawsuits Are Allowed When the City Fails to Keep You SafeNew York law requires employers to maintain safe workplaces. In particular, Labor Law \u00a7 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\u2019t 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 PossibleNot every sanitation injury is the City\u2019s 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\u2019t need to file a Notice of Claim to sue the third party. You have three years under New York\u2019s personal injury statute of limitations to file a lawsuit \u2014 though it’s still important to act quickly to preserve evidence.Proper Documentation Strengthens Your CaseEven though your right to sue the City is independent of your LODI benefits, the paperwork you submit to DSNY \u2014 especially the DS 807 and DS 807B forms \u2014 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\u2019re 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\u2019s a dispute over how the accident happened.Your Legal Rights Come With Deadlines and ConditionsLawsuits 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 \u2014 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 \u00a7 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\u2019s right to investigate your claim before it goes to trial.To be successful, your case must show that:You were injuredThe City was responsible through its actions or inactionThat responsibility directly caused your injuryPersonal Injury Lawyers Help You Sue NYC for a Sanitation Worker InjuryIf 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\u2014and you don\u2019t have to do it without a municipal employee injury lawyer in NYC. At Gersowitz Libo & Korek, P.C., we\u2019ve 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\u2019re not afraid to push back. When the City fails to provide a safe environment, we fight to hold them accountable\u2014whether 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."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Suing the City of New York for a Sanitation Worker Injury","item":"https:\/\/www.lawyertime.com\/suing-the-city-of-new-york-for-a-sanitation-worker-injury\/#breadcrumbitem"}]}]