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.