Workers’ Compensation for Sanitation Workers Throughout Long Island and New York City

Sanitation workers make life in communities throughout New York bearable by ensuring that the incredible amount of waste their populations produce is disposed of quickly and safely. Without these workers, our neighborhoods would be virtually uninhabitable. But sanitation workers, including sewage workers and garbage collectors, are often overlooked and under-appreciated, and the physical requirements of their profession put them at significant risk of injury on the job. When that occurs, sanitation workers are entitled to seek workers’ compensation benefits. Our work injury lawyers help clients throughout Long Island and New York. 

Sanitation Workers Face Dangers on the Job 

Sanitation workers face a myriad of dangers in their day-to-day duties. Some of the most common risks to which sanitation workers are regularly exposed include: 

• Falls: Workers in any profession that requires extensive physical activity are at risk for falls, including sanitation workers. Such falls can occur by falling off or out of a moving vehicle, tripping over debris on streets and sidewalks, and slipping and falling on ice and snow. 
• Impacts: Sanitation workers are at particular risk of injury from impacts, such as being struck by falling objects from improperly stowed trash bags.  
• Repetitive motion injuries: Many sanitation workers engage in the same repetitive motions every day for years, such as bending over to retrieve waste, which can lead to repetitive motion injuries. 
• Machinery accidents: Sanitation workers use dangerous, heavy equipment in the course of their duties, exposing them to the risk of being backed over or crushed. Workers who operate street sweepers are also at a high risk of injuries, such as those stemming from traffic accidents, being struck by projectile debris, or losing limbs or extremities in accidents with the vehicles’ brooms or vacuum.  
• Toxic exposure: Due to the nature of their work, sanitation workers face injuries resulting from coming into contact with hazardous materials or toxic or dangerous waste that is improperly disposed of, such as broken glass, caustic chemicals, or medical waste.

What to Do After an Accident

After an accident, the most important action sanitation workers can take is to medical treatment immediately and to follow all of their doctor’s orders. As soon as possible after seeking medical treatment, they should then file an official report with their employer describing what happened and what their injuries are, as well as the names and contact information of any witnesses. Injured workers should then file a workers’ compensation claim with the New York State Workers’ Compensation Board to ensure that they receive the appropriate amount of workers’ compensation benefits while they recover. While it is not strictly necessary to hire a workers’ compensation attorney to file a claim, doing so can strengthen the claim and increase the likelihood of receiving the maximum amount of benefits possible. 

Types of Workers’ Comp Benefits Available

Workers’ comp benefits in New York come in three primary varieties: medical benefits, lost wage benefits, and survivor benefits. 

Medical Benefits

The New York workers’ comp system is fairly generous with medical benefits, providing the full cost of necessary treatment for injured workers. Depending on the type and severity of the injury, medical benefits could include emergency services, surgery, doctors’ appointments, tests and diagnostics, prescription drugs, physical therapy, and medical devices (e.g., crutches, wheelchairs, etc.). One caveat is that you must obtain your medical treatment from a provider who is authorized and registered with the Workers’ Compensation Board, which maintains a provider search here. 

Lost Wage Benefits 

Lost wage benefits replace some — but not all — of your salary or weekly wages until you can return to work. The amount you are eligible to receive is calculated according to the following formula: 

⅔ x (average weekly wage) x (% of disability) = weekly benefit 

Your average weekly wage is based on your earnings for the 52 weeks prior to the date of your injury, while the percentage of your disability refers to how much of your ability to work you have lost. So, for example, assume that your average weekly wage is $1,200 before the accident and you are 75% disabled. Your weekly benefit would be $600. 

There are maximums, however. The weekly maximum is adjusted on July 1 of each year, but, as of the date of this writing, the weekly maximum for lost wages is $1,171.46. For more information about what goes into calculating your lost wage benefits, please speak to a sanitation worker injury lawyer.

Survivor Benefits 

Unfortunately, not all injured workers survive their accidents. In those cases, workers’ comp insurance also offers survivor benefits (also referred to as death benefits). If an injured worker dies, their surviving spouse and/or minor children are entitled to cash benefits in the amount of two-thirds of the deceased worker’s average weekly wage, as well as funeral expenses in the amount of $12,500. If there is no surviving spouse or minor children, the deceased worker’s parents or estate may be entitled to a payment of $50,000. 

Additional Damages Are Available Through Third-Party Suits

The workers’ comp system involves several trade-offs. On one hand, injured workers are not required to show fault to be eligible for compensation — they get benefits regardless of who caused the accident. But on the other hand, compensation is limited to medical, lost wages, and survivor benefits, which are typically much less than a similarly injured person would be able to obtain through a personal injury suit.

So are injured workers completely cut off from the full range of damages? No! In some cases, injured workers may be able to pursue third-party claims against other parties who may have been at fault for their injuries (other than their employers). This situation could arise, for example, if the worker’s at-work injury was caused by a defective product. In that case, the manufacturer and/or seller of the defective product would be the third party against whom the injured worker could pursue a personal injury action. 

Successful plaintiffs (i.e., injured workers) in third-party suits may be able to obtain the following damages: 

• Full lost wages: Remember, workers’ comp pays only a portion of your lost wages. You may pursue the full amount of your lost wages in a personal injury suit. 
• Loss of earning capacity: If your injury permanently impairs your ability to work, you may receive damages for the loss of your earning capacity. 
• Pain and suffering: These damages are designed to compensate you for the physical and mental hardship you endured as a result of your injury, and in many cases, they can be substantial. 

Speak to a sanitation worker injury lawyer for more information about the pros and cons of pursuing third-party claims. 

Medical Expenses and Care Following an Accident 

Sanitation workers face a wide variety of risks in their line of work, some of which can lead to serious and life-altering injuries. Some of the most common workplace injuries our sanitation worker injury lawyers see include:  

• Vehicle-related injuries, including being struck by other vehicles and sanitation trucks themselves 
• Fall-related injuries, including falls on slick surfaces or falling while climbing onto or off of a truck
• Exposure to harmful chemicals and other substances
• Cuts and lacerations from dangerous discarded items 
• Musculoskeletal injuries, including repetitive motion injuries 
• Crush injuries, such as those involving trash compactors

The cost of these injuries can vary widely, and New York sanitation workers are at a particular disadvantage. According to one source, New Yorkers spend the second most on health care per person in the nation, at about $14,000 per year. Considering that figure as a baseline, medical bills for a severe work-related injury in New York could easily climb into the tens or even hundreds of thousands of dollars.

Real-Life Stories

Think it can’t happen to you? Think again. Here are just a few examples of real-world sanitation workers who suffered severe on-the-job injuries: 

• A sanitation worker who was crushed after being hit by a vehicle and pinned against the sanitation truck 
• A sanitation worker who was critically injured after being struck by a vehicle 
• A sanitation worker who died after falling from his truck and being run over by its wheels
• A sanitation worker who was injured when a garbage truck rolled over his leg
• Two sanitation workers who were injured when the rear of their garbage truck caught fire
• A sanitation worker who was injured when a sidewalk trench collapsed beneath him 
• A sanitation worker who was injured after a helium tank exploded in the back of his truck
• A sanitation worker who suffered a chemical burn after a resident failed to properly dispose of chemicals

As you can see, sanitation is a dangerous business, and the variety of different ways sanitation workers can be injured is nearly limitless. That’s why you should consider speaking to a sanitation worker injury lawyer if you have suffered a work-related injury. 

Contact a New York and Long Island Workers’ Compensation Attorney 

If you are a sanitation worker who has been injured on the job, consider speaking to a workers’ compensation lawyer in New York or Long Island who can help you recover. To get started, please contact the attorneys at Turley Redmond & Rosasco by using our online form or calling us at 516-745-5666 (Garden City) or 631-582-3700 (Ronkonkoma).