If you’re a sanitation worker for the New York City Department of Sanitation (DSNY), you know your job comes with real hazards—slippery sidewalks, reckless drivers, heavy equipment, and unpredictable conditions. And while the City offers certain protections through Line of Duty Injury (LODI) benefits, they don’t come close to covering everything. If your injuries were caused by someone other than the City—or even in part by another party—you may be able to file a third-party lawsuit and seek the compensation that LODI simply doesn’t provide.
This kind of lawsuit targets outside individuals, companies, property owners, or equipment manufacturers whose negligence contributed to your injury. It lets you go after pain and suffering damages, future medical bills, and lost quality of life—damages that LODI won’t touch. At Gersowitz Libo & Korek, P.C., our experienced attorneys know how to hold third parties accountable when sanitation workers are injured on the job. In this piece, our NYC sanitation worker injury attorneys explain what you need to know about how third-party lawsuits work and when they may apply to your case.
What a Third-Party Claim Is (and Why It Matters)
Sanitation workers in New York City are not covered by the Workers’ Compensation system. Instead, you receive LODI benefits, which may include full salary and medical care while you recover. But if someone outside the DSNY caused your injury, LODI does not prevent you from suing them—or even from suing the City if it played a role.
A third-party claim is a separate civil lawsuit filed against a person or entity that isn’t your direct employer. It might be a property owner, a private motorist, a contractor, or even the maker of defective equipment. These lawsuits often lead to much higher compensation than what’s available through City benefits alone.
Street Collisions and Reckless Drivers
Traffic is one of the biggest threats you face during your shift. If you’re struck by a car while collecting trash, directing traffic, or loading bins onto a truck, the driver can be held legally responsible. These cases might involve distracted driving, illegal U-turns, speeding, or a failure to yield.
Even if you were outside the truck or working behind it, the driver’s negligence can form the basis of a third-party lawsuit under CPLR § 214. Police reports, LODI forms, and dashcam footage—if available—can all be used to strengthen your case.
Falls on Private Property or in DSNY Garages
Slips and falls aren’t just painful—they can end careers. If you fall because of broken stairs, oily garage floors, cracked sidewalks, or icy driveways, and that condition was the responsibility of someone outside DSNY, they may be held liable.
New York premises liability law makes property owners and managers responsible for keeping their spaces reasonably safe. The same applies to private contractors maintaining City facilities. Whether you slipped on grease in a DSNY garage or tripped over debris on private property, your injuries may qualify for a third-party lawsuit if the danger was preventable.
Unsafe Equipment and Machine Failures
Garbage trucks and collection equipment are powerful machines. When garbage trucks are involved in accidents, the consequences can be life-altering. If a step breaks, a hydraulic lift fails, or a hopper crushes your hand because of a design flaw or poor maintenance by an outside vendor, the manufacturer or service provider may be liable.
Under New York’s product liability laws, manufacturers must ensure their equipment is safe when used as intended. Lawsuits involving defective equipment often require expert analysis to show the problem wasn’t just wear and tear but a real design, warning, or manufacturing defect.
Toxic Exposure and Hidden Chemical Hazards
Sanitation workers may be exposed to dangerous substances during pickups—especially from commercial or industrial sources. If you’ve suffered burns, respiratory damage, or poisoning from mishandled or unlabeled materials, you may be able to bring a claim against the party responsible for the disposal.
Chemical exposure claims rely on proving the source of the danger and demonstrating that reasonable precautions were not taken. Documenting the materials involved and your symptoms is critical. If the injury didn’t become clear right away, further legal analysis may be required to determine how deadlines apply.
Fatigue, Repetitive Injuries, and Overuse Claims
Sanitation work is physically intense. You lift, bend, grip, and climb constantly. Over time, these repetitive motions can cause injuries to your back, shoulders, knees, and joints. While LODI benefits might cover short-term treatment, they often fall short when it comes to long-term or permanent damage caused by chronic overuse.
If your injury was made worse by poorly designed equipment or unreasonable scheduling, you may have a claim. For example, a rear-step that forces unnatural leg positioning, or a route plan that leads to overexertion without sufficient breaks, could be grounds for a lawsuit. These cases can be harder to prove, but they’re no less valid.
Negligent Training, Supervision, or Oversight
When injuries happen because someone failed to train, supervise, or protect you on the job, that’s not just an internal issue—it can become a legal one. If a third-party contractor failed to follow safety protocols, or if a vendor supervising a job site overlooked obvious hazards, they may be responsible.
The same applies to outsourced garage maintenance, training companies, or supervisors from outside firms assigned to your route. Negligence doesn’t stop at the City’s payroll—it extends to any party involved in managing your work environment.
Accidents Involving Multiple Responsible Parties
It’s not uncommon for more than one party to share responsibility. A delivery driver might hit you while turning into a garage, but the entrance lighting could have been broken for weeks. In these cases, New York’s comparative fault law (CPLR § 1411) allows you to pursue claims against each responsible party.
Even if you’re found partially at fault, you can still recover damages—your compensation is just reduced in proportion to your share of responsibility. This legal structure gives you a broader path to justice and increases the chance of securing a meaningful recovery.
Injuries That Go Beyond the Physical
Not every injury shows up on an X-ray. Falls, collisions, and traumatic events can leave emotional scars that take far longer to heal. Post-traumatic stress disorder, anxiety, depression, and sleep disruption are all possible outcomes of serious sanitation accidents.
These psychological injuries are just as real as physical ones, and they’re compensable under New York law. While they can be harder to document, professional evaluations and consistent medical treatment can support your case. If trauma from your accident is interfering with your ability to work, think clearly, or feel safe, it deserves legal attention.
Timelines and Notices: What You Need to Know
If your third-party claim involves the City or any of its departments, you must file a Notice of Claim within 90 days of the incident, as required by General Municipal Law § 50-e. This is a non-negotiable deadline. If you miss it, you may lose your ability to sue the City altogether.
After the Notice is filed, you’ll likely be scheduled for a 50-h hearing where you’ll be questioned under oath about the injury. Preparing thoroughly for this hearing is crucial. For third-party claims that don’t involve the City, the deadline is usually three years from the date of the injury, but exceptions may apply in complex cases.
How Lawsuits Affect Your LODI Benefits
Bringing a third-party lawsuit doesn’t cancel your right to LODI benefits. You’ll still receive full salary and medical treatment under Administrative Code § 16-108.1 while your lawsuit is pending. But if you win damages that cover those same benefits, the City may request reimbursement for what it paid.
This is called a subrogation claim, and it’s standard practice. It doesn’t mean you lose your case—it just means your attorney will need to account for the City’s share when negotiating a settlement. Skilled handling of this issue can maximize what you take home.
Long-Term Disability and Retirement Benefits
If your injury leaves you unable to return to your sanitation job, you may qualify for a disability pension. Depending on how the injury happened, this could be either Ordinary Disability Retirement (ODR) or Accidental Disability Retirement (ADR) through the New York City Employees’ Retirement System (NYCERS).
These applications involve strict deadlines and detailed documentation. They’re separate from your lawsuit, but often proceed in parallel. Medical records, incident reports, and personal statements often serve both purposes and should be collected early.
Why These Cases Matter Beyond Compensation
When sanitation workers hold outside parties accountable—whether it’s a careless driver, a negligent contractor, or a reckless manufacturer—it sends a clear message: your safety matters. Lawsuits like yours don’t just lead to financial recovery—they lead to better policies, improved training, and safer streets.
Filing a claim isn’t about blame—it’s about responsibility. And it’s about making sure that sanitation workers in New York City are treated with the same respect and legal protection as anyone else doing dangerous, essential work.
NYC Sanitation Worker Injury Lawyer for Third-Party Injury Claims
If you were seriously injured on the job and a third party was involved—a reckless driver, a careless contractor, or a company that made dangerous equipment—you may have a right to hold them accountable. The experienced attorneys at Gersowitz Libo & Korek, P.C. represent injured NYC sanitation workers in third-party claims. We understand how high the stakes are when your health, your income, and your ability to support your family are on the line. If someone outside DSNY caused your injury, get a NYC sanitation worker injury lawyer in your corner today. Contact Gersowitz Libo & Korek, P.C. by calling (516) 908-9792 or contacting us online for a free consultation.
