City and municipal workers in NYC enjoy a range of benefits compared to non-city workers, but they may also be subject to different processes for seeking workers’ compensation or related benefits. If you were injured on the job and you work for the city, a workers’ comp lawyer in New York can help you understand your rights and options.
For example, uniformed police, firefighters, and sanitation workers generally are not covered under workers’ comp and instead seek injury compensation through a different system. If you need legal assistance after an on-the-job injury, speak with our workers’ compensation attorney in New York today.
Are City and Municipal Workers Covered Under Workers’ Comp in NYC?
The New York City government employs approximately 280,000 full-time employees in roles such as:
- Public school teachers and principals
- Sanitation workers
- Police officers
- Firefighters
- City planners
- Child protective specialists
- Building inspectors
- Benefit coordinators
- And more
City employees are covered under workers’ compensation in New York City. The main exception is uniformed police officers, firefighters, and uniformed sanitation workers, who receive benefits through a separate system.
Nearly 200,000 workers across New York State are injured each year, according to the Center for New York City Affairs. Workers’ compensation gives employees access to benefits after an injury that happened while the worker was performing their job duties, regardless of who was at fault. This includes coverage for:
- A percentage of lost wages if the worker is unable to work for more than seven days
- Awards for permanent injuries
- Medical bills resulting from the accident
- Survivor benefits for a deceased worker’s spouse, children, and dependents
The Workers’ Compensation Division receives approximately 17,500 new claims each year in New York City alone.
Municipal employees are also allowed to use vacation time or sick time while they are recovering from a workplace injury, which means they may be able to receive their full normal wages instead of the two-thirds of their wages available through New York workers’ compensation benefits. Speaking with a workers’ comp lawyer in New York can help injured workers understand their options for pursuing compensation after an accident.
How Workers’ Compensation Works for Police, Fire, and Sanitation Workers
Uniformed police, firefighters, and uniformed sanitation workers are generally not covered under workers’ compensation benefits. Instead, they have specific line-of-duty injury (LODI) benefits that offer full salary and medical coverage for work-related issues.
For example, New York’s Section 207-C provides salary, wages, and medical expenses for police officers with injuries or illnesses. Full-time firefighters can seek free, lifetime treatment for work-related conditions through their LODI program, and they are generally eligible for full salary benefits until they can return to work for eligible injuries.
Municipal workers who are not covered by workers’ compensation may also apply for accidental disability retirement benefits through the NYC Employees’ Retirement System (NYCERS). Accidental death benefits and Social Security Disability are also available.
Navigating compensation after a workplace injury can sometimes be challenging when workers’ compensation benefits do not apply. A workers’ comp lawyer in New York can provide clarity and guidance.
How Unions Affect Workers’ Compensation Claims in NYC
Municipal workers are often protected under union contracts in New York City. As a union worker, you may have additional protections when filing a workers’ compensation claim.
Labor unions are responsible for ensuring that worker’s jobs and benefits are protected when they file workers’ comp claims. Your union can help you submit your claim and protect your job position for a certain amount of time. If any disputes arise during the workers’ compensation process, your union representative can also help you resolve the dispute and protect your rights.
Your union contract should indicate whether you have access to any additional medical coverage or related benefits while you are out of work due to a workplace injury. Your union may be responsible for sharing a portion of your medical expenses. Collective bargaining agreements (CBAs) often give workers access to greater workers’ compensation benefits than what is required by the state.
Understanding union representation for workers’ compensation can help you navigate this process more effectively. Still, a workers’ compensation lawyer in New York can provide more personalized legal representation, while a union rep can inform you about your general rights and protections within the union.
Can City Workers Sue the City for Damages?
You may have the option to sue the City of New York for damages after a workplace accident as a municipal worker, but your rights depend on the policies that apply to your job position.
If you are eligible for workers’ compensation benefits, you may be required to pursue compensation under these benefits rather than through a personal injury lawsuit. Workers’ compensation is a no-fault system, which means you often cannot hold your employer directly liable for accidents unless you can prove intent. However, exceptions apply.
City workers who do not have workers’ compensation benefits, such as uniformed police, firefighters, and sanitation workers, may maintain the right to sue for negligence. A lawsuit may also make sense if a third party was responsible for your accident.
If you want to move forward with pursuing legal action against the City, you generally must file a Notice of Claim with the City Comptroller within 90 days of the incident. This notice should detail the accident and your injuries. Missing this deadline could compromise your right to sue.
What To Do if You Were Injured as a Municipal Worker in NYC
If you were injured on the job as a city worker in NYC, your first step is almost always to seek medical attention. This can ensure that you do not overlook any potentially serious injuries. It also provides medical documentation to support your claim for Workers’ Compensation benefits.
You shouldn’t need to pay for your medical visit up front. Instead, the hospital can generally submit the bill through the New York Workers’ Compensation Board or related entity, if you are eligible.
Report the incident to your employer within thirty (30) days of your work-related accident. Then, consult a lawyer for workplace injuries to understand your next steps.
Speak With a Workers’ Compensation Attorney in New York
Understanding workers’ compensation medical guidelines can be overwhelming as a city worker. Different policies may apply to you than to non-city workers, and it can be difficult to understand what benefits you actually qualify for.
A workers’ comp lawyer in New York can help you understand your legal rights and options, then guide you through the compensation process. Call Pyrros, Serres & Rupwani today at 718-626-7730 for a free case evaluation. We have represented thousands of union, and non-union, employees and we are ready to assist you.
Frequently Asked Questions
Is the City of New York self-insured?
Yes, the City of New York is a self-insurer of its workers’ compensation obligations. Workers’ compensation claims are handled by the Law Department, and payments are handled by the Comptroller’s Office.
How much time do you have to report a workplace injury as a city worker?
You generally have 30 days to report a workplace injury to your employer. Often, the sooner you report your injury, the faster you can receive workers’ compensation benefits, if applicable.
What are the limits on workers’ compensation in NY?
Workers’ compensation pays up to two-thirds of a worker’s average weekly wages while they are recovering, with the cap being $1,222.42 for accidents that occur between 07/01/2025 to 06/30/2026. After 06/30/2026, the cap will adjust based on the New York State Average Weekly Wage.
Do you need a workers’ comp lawyer in New York to file a claim?
You can file a workers’ compensation claim without a lawyer, but having experienced legal representation can be helpful to ensure that you fully understand your rights and options before applying.
