Many New York City employees may assume that workers’ compensation benefits are their only recourse after an on-the-job injury. However, some NYC public servants, such as police officers, firefighters, teachers and sanitation workers, may be covered by special laws that allow them to sue the city. Uniformed police officers, firefighters and uniformed sanitation workers aren’t typically eligible for workers’ compensation in NYC, but they can sue the city or a negligent third party.
New York law gives police officers and firefighters the right to sue when a violation of a safety statute, ordinance, rule, order or government requirement causes injury. Employees who are covered by workers’ compensation may still have a third-party personal injury claim when someone other than their employer caused the accident.
These claims can overlap with workers’ compensation, line-of-duty benefits or other job benefits. They also involve short municipal deadlines and technical rules. Meirowitz & Wasserberg represents injured workers throughout New York City and can evaluate all available sources of compensation. A consultation is free, and you pay no attorney’s fee unless we recover money for you.
I think if you go back about 100 years ago, there were different groups that were exempted, but more and more came under the statute. Specifically, uniformed police officers, firefighters, teachers, school administrators, and sanitation workers. These groups can actually sue the city, their employer, for negligence, and they also receive a benefit through their union. This benefit is a contractual one with the city, called the "line of duty injury benefit," which replaces their wages while they’re out of work.
Why Workers’ Compensation Isn’t Always the Only Option for NYC Public Servants
New York workers’ comp law typically bars an employee from suing their own employer directly, even if the employer was at fault. This law, New York’s WCL § 11, is often referred to as the “exclusive remedy law.” However, some public servants have other options in addition to workers’ comp or line-of-duty benefits.
The exclusive remedy law applies only when workers’ compensation covers both the employee and the injury. New York courts recognize that NYC police officers, uniformed firefighters and employees in the Department of Sanitation’s sanitation service classification are outside ordinary workers’ compensation coverage.
NYC public school teachers are generally not automatically covered either, although WCL § 3, Group 20 allows certain vocational, manual-training and laboratory teachers to elect coverage if they meet the law’s conditions. These workers may instead receive line-of-duty, salary continuation, union or other job benefits. Because WCL exclusivity may not apply, they may be able to sue their employer for ordinary negligence — but they should still prove a valid claim and overcome any notice, governmental immunity and other defenses.
Not every NYC public servant receives benefits through the same system. Some uniformed employees receive line-of-duty or collectively bargained benefits instead of, or alongside, traditional workers’ compensation.
Can a New York Public Servant Sue the City of New York?
Some public servants, such as NYPD police officers and FDNY firefighters, can sue the City of New York under their statutory rights (GML § 205-e and § 205-a) if they were injured due to negligence. They may still sue a third party for an NYC personal injury claim.
While others, such as teachers and sanitation workers, don’t sue under the same statutes as police officers and firefighters, they can still sue the city since regular workers’ comp rules don’t apply to them. They may still sue a negligent third party, such as a property owner for premises liability, another driver for a car accident or a contractor.
Can an NYPD Officer Sue the City?
An NYPD officer may have a claim under New York General Municipal Law § 205-e when an on-duty injury is caused directly or indirectly by someone’s failure to comply with a statute, ordinance, rule, order or government requirement — this includes the city and third parties.
The officer must identify a relevant legal violation and show a practical connection between that violation and the injury. For example, defective equipment provided by the department or other unsafe conditions violating a code. A lawyer can help determine whether these violations exist.
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Can a New York Police Officer Sue the City?
Can an NYC Firefighter Sue the City?
General Municipal Law § 205-a provides a similar right of action for firefighters injured in the performance of their duties. A firefighter may sue a person or entity whose failure to comply with an applicable legal requirement directly or indirectly caused the injury, including the City of New York, the New York City Fire Department and other third parties for injuries that are associated with the risks and dangers of their job. The statute says this remedy is in addition to other rights of action or recovery.
A claim still requires more than proof that an accident happened. The case must be tied to a qualifying violation and supported by evidence showing how that violation contributed to the injury. For example, a firefighter is a passenger in a fire truck when the driver commits a traffic violation that results in injuries.
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Can a New York Fireman Sue the City?
Can an NYC Teacher Sue the City?
Unlike firefighters or police, teachers do not have a cause of action equivalent to § 205-a or § 205-e. But because they aren’t always automatically covered under workers’ comp, they can sue their employer for injuries on the job caused by negligence. Their employer may be the City of New York or the New York City Department of Education. Injuries on the job could include an attack by a student, a slip-and-fall or other situations.
The teacher may have a third-party claim if someone other than the employer caused the injury. For example, an outside contractor that created a dangerous condition at a school, or a driver who caused a work-related crash.
Claims involving the New York City Department of Education or a separate public entity may be subject to defendant-specific notice rules. It’s helpful to speak to an attorney about these types of claims.
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Can a New York Teacher Sue the City?
Can an NYC Sanitation Worker Sue the City?
In some cases, a uniformed NYC sanitation worker can sue the city for negligence if they were injured on the job. Employees in the NYC Department of Sanitation’s sanitation service classification are expressly excluded from workers’ compensation law coverage under WCL § 3, Group 17. Instead, they receive line-of-duty-injury benefits, such as wage and medical benefits.
Because WCL employer immunity does not apply to these workers, a sanitation employee may sue the city when negligence caused the injury. The worker should still prove negligence and comply with municipal claim requirements.
In addition to claims against the city, a sanitation worker may file a claim against a negligent third party. Again, make sure to discuss your specific case with a lawyer.
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Can a New York Sanitation Worker Sue the City?
Notice of Claim and Filing Deadlines for Public Servant Lawsuits Against NYC
If you have a personal injury claim against the City of New York, filing a Notice of Claim is usually the first required step. Under General Municipal Law § 50-e, you have to serve notice to the city within 90 days after the claim arises. For a wrongful death claim, claimants have 90 days from the date the estate’s representative is appointed.
It’s important to file this notice as soon as possible or hire a lawyer to do it for you right away. Don’t assume that an internal accident report, union report or workers’ compensation form satisfies this requirement.
The notice of claim against the city can be filed with the NYC Comptroller’s Office through its eClaim system, by personal delivery, by registered or certified mail. The notice must describe the claimant, the nature of the claim, when and where it arose, how it happened and the injuries or damages claimed. The Comptroller provides both online filing and PDF claim forms.
After the claim is filed, the city may further investigate under a General Municipal Law § 50-h examination. This is an examination under oath regarding the accident and the claimed injuries, and it may include a medical examination. A claimant has the right to be represented by counsel, and a hearing must generally be completed before the lawsuit begins.
Under General Municipal Law § 50-i, a claimant typically has to start their lawsuit against the city within one year and 90 days after the event. For a wrongful death claim, the deadline is within two years. It’s important to note that this is shorter than New York’s general three-year limit for many personal injury cases. Other defendants and claims may follow different deadlines, and special rules can change the calculation. The safest course is to obtain legal advice well before the earliest possible deadline.
Types of Compensation Available to Injured NYC Public Servants
Depending on the employee’s title, workers’ compensation or line-of-duty/contractual benefits, NYC public servants have two ways to get compensation for injuries: workplace benefits and a personal injury lawsuit. Workers’ compensation or a line-of-duty benefit may also provide medical care and replace some or all wages. However, workers’ comp and line-of-duty benefits typically don’t cover pain and suffering.
Firefighters and police who file a successful claim under § 205-a or § 205-e, or a successful third-party negligence case, may be able to recover more damages. Teachers and sanitation workers who file ordinary negligence lawsuits against the city or claims against a third party can also recover more than they would under workers’ compensation alone.
Depending on the facts, those damages may include unreimbursed medical expenses, past and future lost earnings, reduced earning capacity, pain and suffering, disability and loss of enjoyment of life. A wrongful death claim may provide damages allowed by New York law to the decedent’s estate and eligible family members.
If you’re an NYC public servant, it’s a good idea to talk to a lawyer to see how to maximize what you and your family can recover from an injury on the job.
Meirowitz & Wasserberg — Experienced NYC Public Servant Injury Attorneys
Our legal team advocates for victims of complex workplace accidents and severe personal injuries across New York. Founding partner Samuel Meirowitz is a former Bronx prosecutor and has been selected to New York Metro Super Lawyers each year since 2016. The firm’s attorneys prepare cases for trial and work with qualified experts when technical proof is needed.
Public servant injury cases require more than general personal injury knowledge. The lawyer must identify the worker’s benefits system, determine whether a special statute applies, investigate possible code or safety violations, identify all responsible third parties and preserve municipal claims before the short deadlines expire.
If you were injured while working for the NYPD, FDNY, Department of Education, Department of Sanitation or another City agency, contact us for a free case review. We can explain which benefits and lawsuits may apply and what your next steps are.
Frequently Asked Questions About Public Servant Lawsuits in NYC
Can I receive workers' compensation and still sue the City?
Yes, but it depends on your circumstances. You may file a lawsuit alongside applicable workplace or line-of-duty benefits when the worker has a valid § 205-a/205-e claim, an ordinary employer-negligence claim not barred by workers’ comp exclusivity or a third-party claim. But you can’t double-dip on the damages you claim, and the process is complex. Talk to a lawyer to know how to proceed with multiple claims.
What's the difference between a workers' comp claim and a General Municipal Law claim?
Workers’ compensation is generally no-fault and provides limited statutory benefits. A claim under § 205-a or § 205-e requires proof of a qualifying legal violation and a connection to the injury. Still, it may allow claimants to go after more personal injury damages — such as pain and suffering.
Do I need to notify the city within a specific deadline?
Yes. Under the Notice of Claim § 50-e, you have 90 days to give a notice of claim to the city, and the statute of limitations under § 50-i is one year and 90 days. A wrongful death claim has a two-year deadline.
Do I need a lawyer to file a claim against the City of New York?
Technically, you can file claims on your own. However, it’s recommended to retain a lawyer due to tight deadlines and the complexity of suing a public servant. An NYC lawyer who is familiar with local laws, such as § 205-a or § 205-e claims, can be very helpful in obtaining the maximum awards allowed to you under the law.
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.
