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Department of Sanitation workers loading a rear-loader truck on a New York City street at dawn

Home › Practice Areas › Sanitation Worker Injuries

DSNY · LODI Injury Claims

Representing New York’s Strongest.

Sanitation workers face the risk of serious injury every day they serve our City. Ryan Injury Firm has represented New York City Department of Sanitation workers in LODI and personal injury claims for over a decade.

Statutory deadline

90-Day Notice of Claim

Filed with the Comptroller’s Office from the date of the accident.

Dual track

3/4 Pension + Lawsuit

A lawsuit may be brought in addition to a “3 Quarters” Accidental Disability Pension.

Office

Kew Gardens, Queens

80-02 Kew Gardens Road, Suite 201, Kew Gardens, NY 11415.

The risk · what the numbers say

The risk sanitation workers carry every shift.

Every year, thousands of Sanitation workers are seriously injured in car and truck accidents, by unsafe conditions at a DSNY garage, by tripping and slipping hazards along their routes, by defective trucks, mechanical brooms and front-end loaders, and by exposure to hazardous materials.

If you are a DSNY worker who was involved in a Line of Duty Injury (“LODI”), you may have a case against either the City of New York or a third party who caused your injury.

DSNY workers may be able to bring a lawsuit in addition to seeking a “3 Quarters” Accidental Disability Pension. Time matters after a LODI: if the City of New York is responsible for your accident, a Notice of Claim generally must be filed with the Comptroller’s Office within 90 days of the accident.

A 2016 report by the New York Committee for Occupational Safety and Health (NYCOSH) found that sanitation work carries a job fatality risk substantially higher than the average for other occupations. Read the NYCOSH report.

An injured worker being assessed by emergency responders at a New York City construction site
Illustrative photograph. Every case is different and prior results do not guarantee a similar outcome.

Protocol for sanitation workers

What To Do After a Line of Duty Injury (LODI) Accident

Three things decide whether a LODI becomes a claim: the report, the record, and the clock.

Read more on our work with sanitation workers at Ryan Injury Firm. →

01

Report the incident and photograph the scene

Immediately following a Line of Duty Injury (LODI), a Sanitation Worker should make sure to report the incident. If you don’t report the incident, you may not be able to make a claim for LODI Benefits. You or your partner should also take photos of the scene of your accident.

02

Make sure the LODI and Unusual Occurrence reports are accurate

The City of New York will file a Line of Duty Injury (LODI) and an Unusual Occurrence Report. Make sure these reports reflect the dangerous condition that led to your injuries and anything the City or a third party could have done to prevent the accident.

The LODI and Unusual Occurrence Reports are critically important for any personal injury case or 3/4 pension application.

03

File the Notice of Claim within 90 days

If you have a direct claim against the City of New York, a Notice of Claim generally must be filed within 90 days of your accident. If your LODI Report is detailed enough, you can sometimes get around this rule.

Speak with a sanitation injury attorney who knows what needs to be done to protect your case. Call Ryan Injury Firm at 212-441-4352 to discuss your accident and what to do next.

Selected results

Outcomes that speak for themselves.

A selection of recent matters across New York City — the Bronx, Brooklyn, Manhattan, Queens, and Staten Island. Open any case to read how it was resolved.

Attorney advertising. Prior results do not guarantee a similar outcome — every case is different, and past verdicts and settlements are no guarantee of future results.

01 New York City Award · Trip & Fall Trip-and-fall on a City sidewalk $2.946M

Our client tripped and fell on a public sidewalk in front of a private home in the City of New York. He missed a significant amount of time from work and needed surgery as a result of the accident. He was eventually awarded more than $2.946 million.

02 New York City Settlement · Trip & Fall Trip-and-fall on a City sidewalk $2.25M

Our client tripped and fell on a public sidewalk in front of a private home. Our office found documents through Freedom of Information Law searches that established Prior Written Notice of the defective sidewalk, and the case settled for hundreds of thousands of dollars more than the City initially said it would pay.

03 New York City Settlement · Sanitation City negligence in a Sanitation garage $1.85M

Our client was injured inside a Sanitation garage. We helped him obtain his three-quarter disability pension and a $1.85 million settlement. We pushed the case to trial and obtained a settlement well over the City’s initial offers.

04 New York City Settlement · DSNY Trip-and-fall inside a DSNY garage $1.325M

Our client was a DSNY Supervisor who fell inside the garage where he was stationed. He ultimately had surgery, was forced to retire, and received a three-quarter disability pension. After we found documents showing the City knew of problems inside that garage, the City paid $1,325,000 to settle while the case was on the trial calendar.

05 New York City Settlement · Auto Rear-end collision $1.1M

Our client was injured in a rear-end collision. The defendant claimed our client’s prior injuries were the real cause of the accident and the surgery. Our firm won Summary Judgment on Liability and prepared the case for trial. The defendant eventually offered $1.1 million while the case was on the trial calendar.

06 New York City Settlement · Slip & Fall Broken pavement in a Sanitation parking lot $939K

Our client was a DSNY employee who fell on uneven pavement in a DSNY parking lot. The City’s first offer was $100,000. We pushed the case to trial and settled for $939,000 while the case was on the trial calendar.

07 New York City Jury verdict · Pedestrian Pedestrian knockdown $775K

Our client was struck while crossing the street. The defendant testified that our client was outside the crosswalk. We tried the case, and the jury found the defendant 100% liable; our client recovered $775,000.

08 New York City Jury verdict · Trial verdict Trial by another firm’s referral $770K

Our firm was hired for trial by another firm. The defendant’s pre-trial offer was $50,000. Our firm obtained a liability verdict for the plaintiff, who recovered $770,000.

09 Brooklyn Jury verdict · Trial verdict Kings County damages verdict $750K

Lead trial attorney on a $750,000 verdict in Kings County (Brooklyn). The defendant’s pre-trial offer was under $25,000. Mr. Ryan obtained a liability verdict holding both defendants responsible, then a damages verdict of $750,000.

10 New York City Settlement · DSNY DSNY supervisor trip-and-fall $675K

Our client was a Sanitation Supervisor who fell on uneven pavement in a parking lot. He eventually underwent surgery because of the accident. We obtained a settlement of $675,000.

11 New York City Settlement · DSNY DSNY worker injured by defective equipment $475K

Our client was injured by a defect in equipment provided to him. The City initially denied anything was wrong with the equipment, and a prior firm declined the case. Patrick Griesbach obtained a $475,000 settlement after depositions concluded.

12 New York City Settlement · Slip & Fall Slip on ice in a parking lot $450K

Our client fell on ice in a parking lot. The defendants moved for summary judgment asking the court to dismiss the case. We defeated the motion and settled the matter for $450,000.

3/4 pension and a lawsuit

“DSNY workers may be able to bring a lawsuit in addition to seeking a ‘3 Quarters’ Accidental Disability Pension.”

Need a lawyer you can count on?

Talk to the team at Ryan Injury Firm

212-441-4352

Available 24/7 · No fee unless we win

80-02 Kew Gardens Road, Suite 201, Kew Gardens, NY 11415
Dennis P. Ryan · Patrick Griesbach
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