New York City MTA Worker Injury Lawyer

Working for the Metropolitan Transportation Authority means showing up every day to one of the most physically demanding and hazardous work environments in the country. Track workers, bus operators, station cleaners, maintenance crews, signal technicians, and tunnel laborers face real dangers on every shift, dangers that most office workers will never encounter. When an MTA worker is seriously hurt on the job, the legal path forward is not what most people expect. The claim does not simply run through standard New York workers’ compensation channels. Federal railroad law, the specific structure of the MTA, and a web of overlapping legal frameworks make these cases genuinely complex in ways that require someone who understands the difference between a routine workplace injury claim and a federal railroad injury case.

The firm of New York City MTA worker injury lawyer Mark David Shirian P.C. represents workers who have been seriously injured while employed by the MTA and its subsidiaries, including New York City Transit, the Long Island Rail Road, Metro-North Railroad, and MTA Bus Company. Each of these employers carries different legal exposure depending on which laws govern the worker’s job duties, and the compensation available to an injured worker can vary dramatically based on how the claim is filed and against whom. Getting this right from the beginning matters more than most injured workers realize.

Attorney Mark D. Shirian and Senior Associate Shawn D. Shirian have built this firm around assertive advocacy for individuals who have suffered serious and catastrophic injuries. For an MTA worker facing mounting medical bills, lost wages, and uncertainty about returning to work, that advocacy takes a specific and targeted form: understanding exactly which legal theory gives the injured worker the best recovery, building the record that supports it, and pressing the case forward with the kind of preparation that insurance companies and government employers take seriously.

What the MTA Work Environment Actually Produces in Injury Claims

• Third Rail and Electrical Exposure: Trackworkers and signal maintainers working in New York City subway tunnels face electrocution risk from the 625-volt third rail, a hazard that produces catastrophic burns, cardiac arrest, and fatalities when proper lockout procedures fail or supervisors allow unsafe access to energized tracks.
• Track and Tunnel Falls: Workers descending into subway pits, working on elevated sections of track, or navigating dimly lit tunnel environments regularly suffer fall injuries. Broken or absent platform lighting, inadequate footing, and missing fall protection on elevated structures all contribute to serious fractures, spinal injuries, and traumatic brain injuries.
• LIRR and Metro-North Train Crew Injuries: Locomotive engineers, conductors, and on-board crew working for the Long Island Rail Road and Metro-North are covered by the Federal Employers Liability Act, a separate legal framework from standard workers’ compensation that requires proving employer negligence but allows recovery for a broader range of losses, including pain and suffering.
• Bus Operator Collisions and Assaults: MTA Bus Company and New York City Transit bus operators face injury from vehicle collisions while driving routes through Manhattan, the Bronx, Brooklyn, Queens, and Staten Island, as well as physical assault by passengers, a problem that has intensified across MTA’s surface transit lines in recent years.
• Repetitive Stress and Occupational Conditions: Decades of heavy lifting, vibration from operating equipment, and sustained awkward positioning produce chronic shoulder, back, knee, and wrist conditions in maintenance and repair workers. These claims require careful medical documentation to establish the connection between job duties and physical breakdown.
• Scaffold and Elevated Work Platform Accidents: MTA infrastructure maintenance involves frequent work on elevated platforms, bridges, overpasses, and aerial structures. New York Labor Law sections governing scaffold safety impose specific duties on property owners and contractors, which can create liability beyond the MTA’s direct employment relationship.
• Platform and Station Slip-and-Fall Hazards: Station agents and platform workers injured by wet surfaces, deteriorating flooring, or poorly maintained infrastructure have claims that may run under New York’s Labor Law or general negligence depending on the circumstances and how their job duties were classified at the time of injury.

Why Mark David Shirian P.C. for an MTA Injury Case

The firm of Mark David Shirian P.C. was founded with a single goal: to help those who have been wronged. Since 2016, the firm has recovered millions of dollars for clients across New York City and New York State, representing individuals in serious personal injury matters where the opposing party had significant resources and little incentive to pay fairly. MTA injury cases fit that description precisely. The MTA is one of the largest public authorities in the world and is defended by attorneys whose job is to minimize claims. The injured worker who walks into that fight without experienced counsel is at a structural disadvantage from the first interaction.

Attorneys Mark D. Shirian and Shawn D. Shirian approach cases with what the firm describes plainly as assertive, dependable, creative, and honest representation. In an MTA injury context, that means understanding the federal FELA framework that governs railroad workers, recognizing when New York Labor Law creates a separate avenue for recovery, identifying third-party defendants beyond the MTA whose negligence contributed to the injury, and building the kind of documented case that prepares for both negotiation and litigation. Client reviews of the firm highlight attorneys who fight hard, pay close attention to case details, and keep clients informed throughout. For an injured transit worker trying to understand a process that most attorneys handle infrequently, that combination of attention and communication is not a minor thing.

What to Do After a Serious Injury as an MTA Employee

The first and most consequential decision most injured MTA workers make is whether to report the injury the way the MTA wants them to, accepting the framework the authority imposes, or to consult an attorney before making statements or signing anything. The MTA has internal reporting procedures that serve its own interests, and a worker who completes internal paperwork without understanding the legal significance of those documents can inadvertently limit their own recovery. Report the injury to a supervisor as required, but do not provide written statements beyond what is legally obligated before speaking with counsel.

For workers covered by the Federal Employers Liability Act, which applies to LIRR and Metro-North employees whose work has a direct connection to interstate rail operations, the statute of limitations is three years from the date of injury. That sounds like a long window, but the investigation that supports a FELA claim, gathering safety records, identifying prior similar incidents, retaining expert witnesses on track safety or equipment maintenance, takes time. Waiting reduces options. For workers covered by New York workers’ compensation rather than FELA, the reporting deadlines are shorter and missing them can jeopardize the claim entirely.

Injured MTA workers in New York City should understand which courts and agencies handle their claims. FELA cases are litigated in federal court, specifically the United States District Court for the Southern District of New York for Manhattan-based claims, or the Eastern District of New York for claims arising in Brooklyn, Queens, and Long Island. State law claims may proceed in New York Supreme Court. The New York Workers’ Compensation Board handles standard compensation claims for workers not covered by FELA. Knowing which forum applies to the specific claim is itself a legal determination that should not be guessed at.

Medical documentation is the spine of an MTA injury claim. Workers should seek treatment promptly, follow through with specialist referrals, and keep records of every appointment, diagnosis, and work restriction. Gaps in treatment are among the most common arguments used to minimize the value of a serious injury claim. An attorney working these cases will often coordinate with treating physicians to ensure that medical records accurately describe the functional impact of the injury in terms that translate to legal damages.

FELA Versus Workers’ Compensation: Why the Legal Framework Changes Everything

Most workers in New York who are hurt on the job file a workers’ compensation claim. Workers’ compensation is a no-fault system: the worker does not need to prove employer negligence to receive benefits, but the benefits are limited to medical coverage and a portion of lost wages. Pain and suffering are not compensable under workers’ compensation. For many injured workers, that limitation is significant.

Railroad workers covered by FELA operate under an entirely different framework. FELA requires the injured worker to prove that the railroad’s negligence, even slight negligence, contributed to the injury. That burden does not exist in workers’ compensation. But FELA, when successfully pursued, allows recovery for the full range of damages: past and future medical expenses, full lost earnings (not a capped percentage), pain and suffering, and loss of enjoyment of life. For a worker with a serious back injury or an occupational condition that ends a career, the difference between a workers’ compensation recovery and a successful FELA claim can represent hundreds of thousands of dollars.

LIRR and Metro-North workers are covered by FELA. Subway and bus workers employed by New York City Transit or MTA Bus Company are generally covered by New York workers’ compensation. However, the analysis does not always stop there. A subway trackworker injured by the negligence of a third-party contractor working on MTA infrastructure may have a separate tort claim against that contractor outside of workers’ compensation entirely. A worker injured on a construction site adjacent to MTA property may have claims under New York Labor Law sections that impose non-delegable duties on property owners and contractors. An MTA worker injury attorney in New York City needs to evaluate all of these angles, not just the most obvious filing path.

Questions MTA Workers Ask About Injury Claims

Can I file a lawsuit against the MTA, or am I limited to workers’ compensation?

It depends on which MTA subsidiary employs you and what your job duties entail. LIRR and Metro-North employees typically have FELA claims, which are lawsuits requiring proof of negligence. NYC Transit and MTA Bus employees generally proceed through New York workers’ compensation. However, third-party claims against contractors, equipment manufacturers, or property owners may be available regardless of which primary system covers you. An attorney evaluates all potential avenues before concluding that workers’ compensation is the only option.

What does it mean that FELA requires proving negligence?

Under FELA, the injured railroad worker must show that the employer failed to provide a reasonably safe workplace and that this failure contributed to the injury. The standard for the employer’s contribution is lower than in ordinary tort cases, meaning even a small degree of negligence on the railroad’s part can support a claim. Common theories include failure to maintain safe track conditions, inadequate crew size, defective equipment, and failure to follow safety regulations under the Federal Railroad Safety Act.

My injury happened gradually over many years, not in a single accident. Do I still have a claim?

Yes. Both FELA and workers’ compensation recognize occupational diseases and cumulative trauma injuries. For gradual onset conditions, the statute of limitations typically runs from the date the worker knew or reasonably should have known that the condition was related to work duties. Occupational hearing loss from subway noise, repetitive stress injuries in maintenance workers, and chronic back conditions in trackworkers all fall into this category.

The MTA is pressuring me to return to work before my doctor says I am ready. What are my options?

An MTA worker has the right to follow the medical recommendations of their treating physician. Returning to full duty before medical clearance can worsen a condition and can also be used by the MTA to argue that the injury was not as serious as claimed. Document every communication from the MTA regarding return-to-work demands and share those communications with your attorney. Modified duty offers must comply with physical restrictions, and a worker should not accept a modified duty assignment that actually exceeds what their doctor has approved.

Can I bring a claim if I was partially at fault for my own injury?

Under FELA, contributory negligence by the worker does not bar the claim. Instead, it reduces the recovery proportionally. If a jury finds that a worker was 30% at fault and the railroad was 70% at fault, the worker recovers 70% of the total damages. This comparative fault approach is more favorable than the rules that apply in some other legal contexts, and it means that a worker who made an error contributing to their own injury should not assume they have no viable claim.

The MTA’s claims adjuster contacted me directly after my injury. Should I speak with them?

Statements made to MTA claims adjusters or their representatives can be used to limit the value of your claim. Adjusters are experienced at asking questions in ways that elicit answers the MTA can later use to argue the injury was less serious, pre-existing, or contributed to by the worker’s own conduct. Once an attorney is representing you, all contact from the MTA and its representatives should go through your lawyer.

What happens if a contractor caused my injury while working on MTA property or infrastructure?

Third-party claims against contractors are separate from any workers’ compensation or FELA claim and can be pursued simultaneously. New York Labor Law imposes specific duties on property owners and general contractors for worker safety, and liability under certain provisions of that law does not require proving fault in the traditional sense. These claims can yield recoveries that significantly exceed what workers’ compensation alone provides.

How long does an MTA injury case typically take to resolve?

FELA cases litigated in federal court in New York follow that court’s scheduling orders, and contested cases often take several years from filing through trial. State court cases have their own timelines. Workers’ compensation proceedings move on a separate track through the New York Workers’ Compensation Board. Cases that settle before trial resolve more quickly, but an attorney who resolves a case too quickly to avoid litigation may be leaving significant money on the table. The right timeline depends on the strength of the claim and the severity of the injury.

Are there specific safety regulations the MTA must follow, and does a violation help my case?

Yes. The Federal Railroad Safety Act and regulations issued by the Federal Railroad Administration impose mandatory safety standards on railroads, including rules governing track inspection, locomotive equipment, hours of service for crew, and hazardous materials handling. A violation of these regulations can be used in a FELA case to establish negligence per se, meaning the violation itself demonstrates the railroad failed its legal obligations. Identifying applicable regulatory violations often requires review of internal MTA documents and records obtained through the discovery process in litigation.

What if my injury happened while I was commuting to or from an MTA facility?

Generally, injuries during ordinary commutes are not covered by workers’ compensation or FELA. However, if the worker was traveling as part of their job duties, traveling between MTA facilities as a required part of the work shift, or using MTA-owned equipment or transit during work hours, the analysis changes. The line between commuting and working is not always obvious, and the specific facts of how and why the worker was traveling at the time of injury matter significantly.

MTA Worker Injury Representation Across New York City and Beyond

Mark David Shirian P.C. represents injured MTA workers from every borough and across the broader New York metropolitan region. Workers from Manhattan neighborhoods including Harlem, Washington Heights, Midtown, and the Financial District, as well as those working the subway lines and bus routes through the Bronx neighborhoods of Fordham, Mott Haven, Co-op City, and Tremont, can reach the firm for representation. Brooklyn’s Flatbush, Bushwick, Bay Ridge, and Canarsie communities, where large numbers of transit workers live and work, are part of the firm’s service area, as are Queens neighborhoods such as Jamaica, Flushing, Astoria, and Far Rockaway. Staten Island workers, including those employed at the MTA’s Staten Island Railway, are also served.

Beyond the five boroughs, the firm extends its representation to workers on the Long Island Rail Road and Metro-North Railroad throughout Nassau and Suffolk Counties on Long Island, as well as the Metro-North service territories running through Westchester County communities including Yonkers, White Plains, New Rochelle, and Mount Vernon, and further north into Putnam and Dutchess Counties. Workers injured at maintenance facilities, rail yards, and infrastructure sites across New York State can discuss their situation with the firm. Whether the injury occurred in a subway tunnel beneath Midtown Manhattan, at a rail yard in Sunnyside, Queens, or along the LIRR right-of-way in Suffolk County, the legal analysis follows the facts, and those facts are what the firm is prepared to work with.

Talk to a New York City MTA Worker Injury Attorney About Your Claim

The decisions made in the weeks immediately after an MTA work injury shape everything that follows. Which legal framework applies, which defendants may be liable, what documentation needs to be preserved, and what statements should or should not be made are all questions with real consequences for the outcome of the claim. A New York City MTA worker injury attorney at Mark David Shirian P.C. can assess those questions in the context of your specific situation and give you an honest picture of what your options actually are.

The firm handles these cases on a contingency basis, meaning there are no upfront fees, and you pay nothing unless the case results in a recovery. Contact Mark David Shirian P.C. today to schedule a confidential case evaluation and speak directly with attorneys who will treat your case with the seriousness it deserves.