Content reviewed by:
Alex Shulman
You may qualify for workers’ compensation if you are a public servant injured in the line of duty in New York City, but many NYC public workers are excluded from workers’ comp. Our experienced public servant workers’ compensation attorneys can protect your rights after a workplace injury. We have decades of combined experience recovering high-value compensation for injured civil servants.
Contact us online or call (212) 221-1000 to schedule your free consultation. We are here to answer your questions and ensure you know your rights.
Can Public Workers Apply for Workers’ Compensation in NYC?
Most city employees are covered by workers’ compensation, including non-teaching employees in the Department of Education, all Health and Hospitals Corporation employees, and all City University Employees. New York City is a self-insured employer. Covered workers apply for workers’ compensation through the New York City Division of Workers’ Compensation rather than the state Board of Workers’ Compensation.
New York City excludes the following public workers from the workers’ compensation system:
- Uniformed police officers
- Firefighters
- Uniformed sanitation workers
City employees exempt from workers’ compensation may apply for accidental disability retirement benefits through the NYC Employees Retirement System (NYCERS). Certain workers, such as uniformed sanitation and corrections workers, may qualify for disability benefits under specialized programs.
Other benefits available to injured NYC public service workers excluded from workers’ comp include Social Security Disability and accidental death benefits for family members of workers who died of workplace injuries.
Can a Public Servant File a Personal Injury Claim Against NYC?
If you are covered by workers’ compensation as an employee, you generally cannot sue your employer, but you may be able to sue manufacturers of defective workplace equipment and other businesses that contributed to your injuries.
Being able to file a personal injury lawsuit allows you to recover damages not available through workers’ compensation. You may be able to recover the following damages in a personal injury lawsuit:
- Current and future medical expenses
- Lost wages
- Lost earning capacity
- Pain and suffering
- Emotional distress
- Loss of society
Unlike workers’ compensation, which is a no-fault system, personal injury lawsuits require proof of negligence or wrongdoing. If your own negligence caused or contributed to the accident, it could also affect your ability to recover damages or reduce the amount.
Our New York City workers’ compensation lawyers are dedicated to providing personalized service and maximized results. We are different from many law firms in New York because we handle workers’ compensation claims and personal injury lawsuits. Our experience handling both types of claims gives us well-rounded knowledge and expertise that you will not find at most workplace injury law firms.
Can I Sue NYC If My Loved One Died in a Public Service Workplace Accident?
You generally cannot sue if your loved one was covered by worker’s compensation, but you can pursue death benefits through a workers’ compensation claim. However, if died while working as a public servant and were not covered by workers’ compensation, you may be able to file a wrongful death lawsuit against their employer.
In addition, our compassionate New York wrongful death lawyers may be able to help you file a lawsuit against third parties who contributed to your loved one’s death. Damages in a New York wrongful death lawsuit may include loss of your loved one’s wages had they survived, medical expenses, pain and suffering, and funeral expenses.
How Long Do I Have to Sue as a Public Servant in NYC?
If suing a state agency or municipal, you must file a Notice of Claim within 90 days of the accident or death. You then have one year and 90 days from the date of the accident or death to file your lawsuit.
If you have a third-party claim against a private company, you have up to three years to file a personal injury lawsuit and two years to file a wrongful death lawsuit. To ensure your case is filed on time, reach out to our knowledgeable public servant workers’ compensation attorneys as soon as possible.
Discover How Our NYC Workers’ Compensation Lawyers Can Help
Workers’ compensation laws in New York City are complex, especially if you are a public servant. You can protect your legal rights and secure the best possible result by working with our experienced NYC workers’ compensation attorney. No case is too challenging or complex for our skilled legal team. Contact us online or call (212) 221-1000 to schedule your free consultation.
