Unlike most New York City employees, sanitation workers are not usually covered by the state’s workers’ compensation system. If you’re hurt on the job, you can file claims against New York City for damages and keep your job.
Sanitation workers work around moving traffic, heavy collection vehicles, compactors, lifting equipment, snow and refuse that may contain dangerous materials. When an injury happens, you face strict deadlines to notify the city of your intent to sue and to file your lawsuit. Missing them could get your case thrown out, no matter how serious your injuries are.
As a sanitation worker injury lawyer in NYC, Meirowitz & Wasserberg has fought hard for New York City sanitation workers. We’ve joined alongside union representation to seek compensation for medical bills, lost wages and other damages resulting from actions for which the city is responsible.
Common Workplace Injuries and Hazards Faced by NYC Sanitation Workers
Sanitation workers may face several issues, such as faulty equipment accidents, back injuries, and workplace discrimination and harassment.
Sanitation workers’ on-the-job issues include:
- Back injuries from lifting heavy loads
- Broken bones from getting caught in equipment or falling from a truck
- Collisions with other vehicles
- Discrimination
- Exposure to chemicals
- Harassment
- Slip-and-falls on ice and snow
- Wage theft
Parties responsible for these injuries may include the city as an employer or property owner, a careless motorist, an equipment manufacturer, a repair company, an outside contractor or a property owner who created an unsafe collection condition. More than one party may share responsibility.
Can an NYC Sanitation Worker Sue the City?
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Can a New York Sanitation Worker Sue the City?
In the United States of America, when someone is injured on the job and the employer is at fault the primary remedy is workers comp and that is true here in New York as well. However one loophole in New York City is that a uniform sanitation worker is allowed to sue the city now. The city may not be the proper party but if the city was negligent and the sanitation worker was injured then they may pursue a case against the city and the city may be found liable or elect to settle the case.
Sanitation workers hurt on the job can sue New York City for personal injuries. They can also sue third parties. A third party is someone other than the city employer, such as a homeowner who failed to maintain their property, an equipment manufacturer or another driver.
Workers’ Compensation Law § 3, Group 17 states that this employment is not covered by the Workers’ Compensation Law. Because the worker is outside that system, the city generally can’t invoke the workers’ compensation exclusive-remedy rule, which typically bars employees from suing their employer for an ordinary workplace injury.
New York Labor Law 27 mandates that public employers must maintain safe workplaces. This includes being free from hazards that can cause injury and providing reasonable and adequate protection for safety, health and lives. If the New York City Department of Sanitation (DSNY) fails to uphold these standards, workers can sue for negligence.
What Counts as a Third-Party Claim for a Sanitation Worker?
Examples of potential third-party claims include injuries from situations such as a driver who struck a worker or sanitation truck, a manufacturer that sold defective equipment, a contractor that performed unsafe repairs or a property owner whose dangerous condition caused a fall.
A worker may have claims against both the city and a third party when both contributed to the accident.
Sanitation workers injured on the job should report the incident promptly, seek medical care, preserve photographs or video, identify witnesses and keep copies of DSNY and union paperwork. Evidence can disappear quickly, especially when a vehicle or piece of equipment is returned to service.
If you are a sanitation worker injured on the job or facing another workplace problem, the NYC personal injury lawyers at Meirowitz & Wasserberg are here to help.
GET A FREE CASE REVIEWNotice of Claim and Filing Deadlines for Sanitation Worker Lawsuits Against NYC
A sanitation worker who wants to sue the city must serve a Notice of Claim to the NYC Comptroller’s Office within 90 days of the injury, illness or other claim. For a wrongful death claim, claimants have 90 days from the date the estate’s representative is appointed.
General Municipal Law § 50-e requires the notice to provide details, including the claimant’s identity, the nature of the claim, and when, where and how it arose, along with the injuries or damages claimed. An internal DSNY accident report or Line of Duty Injury (LODI) form is not a substitute for a properly served Notice of Claim.
The city may demand an examination under oath under General Municipal Law § 50-h and may request a physical examination before a lawsuit is filed. The claimant has the right to be represented by counsel. If the city properly demands an examination, the claimant must get it done before they can file a lawsuit.
Meirowitz & Wasserberg: Advocates for NYC Sanitation Workers
New York City sanitation workers are dedicated public servants who deserve compensation from negligent parties when hurt or harassed on the job. Suing the city requires filing important paperwork on time, collecting strong evidence and making compelling arguments that the other party’s negligence caused your injuries or other harm.
The experienced and compassionate attorneys at Meirowitz & Wasserberg proudly represent New York City sanitation workers, and we aggressively fight for the damages our clients deserve in every case from start to finish.
When fighting New York City, you need attorneys with trusted experience. We are recognized as Super Lawyers and ranked in The National Trial Lawyers Top 100. Our firm is a proud member of the American Association for Justice.
Don’t face the resources of New York City alone. If you are a sanitation worker who wants to sue the city, contact our respected, experienced personal injury lawyers at Meirowitz & Wasserberg.
Collaborating With Unions: Strengthening Your Legal Claim
New York City’s sanitation workers are members of the Teamsters and represented by Local 831, the Uniformed Sanitationmen’s Association. The union negotiates contracts with the city and participates in lawsuits when employees believe the city has treated them unfairly.
The lawyers at Meirowitz & Wasserberg stand beside unions to protect workers’ rights. We collaborate with the Teamsters to strengthen legal claims. We combine their knowledge of contract intricacies and the Department of Sanitation with our dogged determination, legal knowledge and ability to make persuasive arguments for compensation.
Speak With an AttorneyFrequently Asked Questions About Suing NYC as a Sanitation Worker
Can a sanitation worker sue the City of New York?
Yes, if the worker is a uniformed sanitation worker within DSNY’s sanitation service and they can prove the city’s negligence caused the injury.
Can I pursue line-of-duty benefits and still file a lawsuit?
Yes, you can generally file both claims together. LODI and related employment benefits address the worker’s job status, pay and medical care under applicable law and contract terms. A negligence lawsuit determines whether the city or another party must pay civil damages.
How long do I have to file a notice of claim against NYC?
A notice of claim is generally due within 90 days of the date of injury, and the lawsuit is generally due within one year and 90 days after the event. The City may also require a 50-h examination before you can file the lawsuit. Because exceptions and other rules apply, speak with a lawyer immediately.
Do I need a lawyer to sue the City as a sanitation worker?
You may submit a notice of claim without a lawyer, but these cases require identifying the correct defendant, timely service, proof of negligence, preservation of equipment and workplace evidence, and coordination with LODI or union procedures. Getting a qualified lawyer can prevent mistakes and uncover additional defendants.
About The Author
Samuel Meirowitz
Founding Partner
Samuel Meirowitz, a founding partner of Meirowitz & Wasserberg, has been recognized by New York Metro Super Lawyers annually since 2016. A Cardozo School of Law graduate and former prosecutor in the Bronx District Attorney's Office, he won the first multimillion-dollar asbestos verdict in a New York federal court in over 20 years.
