New York City Transit Worker Injury Lawyer

Transit workers in New York City face risks on every shift that most people never think about. From subway track workers operating near live third rails to bus operators navigating some of the country’s most congested streets, the physical dangers of keeping the MTA running fall squarely on the people who do the work. When something goes wrong, the injuries are often serious, and the legal path forward is genuinely complicated. The rules governing how a New York City transit worker injury lawyer approaches these cases differ significantly from standard workers’ compensation claims, and the agency you work for matters as much as the nature of your injury.

The MTA and its subsidiaries, including New York City Transit, MTA Bus Company, Long Island Rail Road, and Metro-North Railroad, are public entities with their own set of procedural rules, collective bargaining agreements, and liability frameworks. Some workers are covered under the Federal Employers’ Liability Act. Others pursue claims through New York’s workers’ compensation system. Still others may have viable personal injury claims against third parties. Sorting out which path applies, and how to pursue it correctly, requires legal counsel who actually handles these cases rather than someone who occasionally touches one.

At Mark David Shirian P.C., attorneys Mark D. Shirian and Shawn D. Shirian represent seriously injured workers across New York City and New York State. The firm was founded with a single focus: helping people who have been wronged. That commitment extends fully to transit workers who put themselves in harm’s way every day and deserve full accountability when an injury changes their life.

The Legal Frameworks That Apply to Injured Transit Workers in New York

One of the most consequential decisions in a transit worker injury case is identifying the correct legal theory for recovery. This is not a formality. It determines what benefits are available, how damages are calculated, what deadlines apply, and who can be held responsible. Getting this wrong at the outset can permanently limit what an injured worker is able to recover.

Workers employed by the Long Island Rail Road or Metro-North Railroad are covered under the Federal Employers’ Liability Act, commonly known as FELA. Unlike standard workers’ compensation, FELA requires proof of employer negligence, but it also allows recovery of full damages including pain and suffering, emotional distress, and lost future earnings. The employer does not need to be the sole cause of the injury. Even partial negligence on the part of the railroad can support a claim, though any comparative negligence on the part of the worker can reduce the recovery proportionally.

New York City Transit Authority workers and MTA Bus Company employees generally fall under New York’s workers’ compensation system for workplace injuries. However, workers’ compensation is rarely the end of the analysis. If the injury involved defective equipment manufactured by a third party, dangerous conditions created by a contractor, a vehicle collision with a negligent driver, or unsafe premises maintained by a private property owner, a separate personal injury claim may run alongside or in addition to the workers’ compensation case. These third-party claims are where the most significant compensation is often recovered, because they include pain and suffering damages that workers’ compensation does not cover.

Notice of claim requirements add another layer of complexity. Claims against the MTA or City of New York generally require a formal notice of claim to be filed within a short window after the injury. Missing this deadline does not automatically eliminate all options, but it substantially complicates the path forward. This is one of the strongest reasons to speak with a transit worker injury attorney in New York as early as possible after an accident.

Common Injuries and Circumstances That Lead Transit Workers to File Claims

• Third-rail electrocution and electrical exposure: Track workers, maintenance personnel, and signal technicians work in proximity to the 600-volt third rail in the New York City subway system. Failures in lockout/tagout procedures, inadequate safety protocols, or miscommunication between crews can result in catastrophic electrical injuries with permanent consequences.
• Slip, trip, and fall accidents on subway platforms and in station facilities: Transit employees frequently move through stations at all hours. Wet floors, poorly maintained staircases, inadequate lighting in maintenance areas, and cluttered work zones generate a significant number of disabling fall injuries each year.
• Bus operator injuries from vehicle collisions: New York City bus drivers are exposed to rear-end collisions, side impacts, and sudden braking incidents on some of the city’s most congested corridors, including Fordham Road in the Bronx, Flatbush Avenue in Brooklyn, and Jamaica Avenue in Queens. When a negligent driver causes the collision, a third-party claim against that driver may be available in addition to any workers’ compensation benefits.
• Struck-by incidents on tracks and in yards: Workers in train yards and along active track sections face the risk of being struck by moving equipment. These incidents often involve failures in communication, inadequate flagging procedures, or malfunctions in train control systems.
• Repetitive stress and occupational injuries: Years of operating heavy equipment, lifting, or working in physically demanding conditions generate cumulative injuries including spinal conditions, shoulder and knee damage, and repetitive stress disorders that may qualify for compensation even without a single discrete accident.
• Assault and violence on the job: Bus operators and station agents in particular face elevated risks of physical assault. When assaults occur due to inadequate security measures or the employer’s failure to address known safety risks, this can support claims beyond standard workers’ compensation.
• Toxic exposure and occupational illness: Older subway infrastructure involves asbestos-containing materials, and workers involved in renovation or maintenance of tunnels, stations, and older rolling stock may have been exposed over years. Occupational illness claims require careful medical documentation and legal analysis to establish causation and the responsible parties.

What to Do After a Transit Worker Injury in New York City

The actions taken in the days immediately following a transit worker injury have a direct effect on the outcome of any resulting legal claim. Start with medical care. Even injuries that feel manageable in the moment should be evaluated by a physician, both because your health requires it and because delayed treatment often becomes a point of dispute in later proceedings. Document everything you can about where the injury occurred, what conditions were present, who was in the area, and how the incident unfolded.

Report the injury through your employer’s internal reporting procedures, but be careful about the statements you make during that process. Incident reports prepared by supervisors sometimes contain inaccuracies or omissions that work against the injured worker. Request a copy of any report filed on your behalf and review it before signing anything.

If your injury involves a Long Island Rail Road or Metro-North Railroad employment relationship, FELA claims are typically litigated in federal court. The United States District Court for the Southern District of New York in Manhattan and the Eastern District of New York handle a substantial volume of FELA cases filed by injured railroad workers in this region. These cases have their own procedural demands and investigative requirements that differ from state court personal injury litigation.

For claims involving the New York City Transit Authority or other MTA subsidiaries, the notice of claim filing requirement is a hard administrative deadline that must be met before litigation can proceed. The New York City Comptroller’s Office handles notices of claim for many city-related claims. For MTA-specific claims, filings go to the MTA’s legal department. An attorney familiar with these procedures can ensure these filings are accurate, timely, and complete.

Workers’ compensation claims in New York are administered through the New York State Workers’ Compensation Board, which has a district office in New York City. If your employer or their carrier disputes your claim or attempts to cut off benefits prematurely, you have the right to a hearing before a workers’ compensation judge. Do not accept a denial without seeking legal review. Disputed claims frequently resolve in favor of workers who are represented through the hearing process.

One of the most common mistakes injured transit workers make is waiting too long to seek legal counsel while focusing on recovery and internal union processes. Union representatives provide important support, but they are not attorneys and cannot fully evaluate the spectrum of legal claims that may be available outside of union grievance procedures.

Why Mark David Shirian P.C. for Transit Worker Injury Claims

Founded in 2016 by attorney Mark D. Shirian, this firm has built its reputation on results-driven representation for New Yorkers who have been seriously harmed. The firm has recovered millions on behalf of its clients across personal injury and related litigation, and it operates with the kind of direct attorney access that is often absent at larger practices. Clients work one-on-one with attorneys Mark D. Shirian and Shawn D. Shirian rather than being passed to paralegals or associates for the substantive work of the case.

Client reviews of the firm consistently describe attorneys who fight hard, pay close attention to the details that matter, and keep clients genuinely informed throughout the process. For a transit worker facing a complex claim that may involve workers’ compensation, a FELA action, or a third-party lawsuit against a negligent contractor or driver, that kind of focused attention is not a luxury. It is how claims are won or lost. The firm’s approach combines assertive advocacy with the kind of strategic thinking that multi-layered transit injury cases require.

Questions Transit Workers Ask About Injury Claims in New York

Can I sue the MTA directly for my injuries?

Whether you can bring a direct lawsuit against the MTA depends on your employment relationship and the nature of the injury. Most MTA subway and bus employees are covered by New York’s workers’ compensation system, which generally limits direct lawsuits against an employer. However, if your injury involved negligence by a third party, such as a private contractor, a defective product manufacturer, or a negligent driver, a personal injury lawsuit against those parties is a separate avenue that is not blocked by workers’ compensation exclusivity. FELA employees at LIRR and Metro-North have a direct right to sue their employers for negligence.

What is the difference between FELA and workers’ compensation for transit workers?

Workers’ compensation provides benefits regardless of fault but caps recovery at wage replacement and medical costs, excluding pain and suffering. FELA requires proving employer negligence but allows recovery of full compensatory damages including physical and emotional suffering, loss of earning capacity, and other losses not available under workers’ comp. For railroad workers covered by FELA, the potential recovery is generally substantially higher, but the claim requires litigation strategy and proof that standard workers’ comp claims do not.

What is the deadline to file a transit worker injury claim in New York?

Deadlines vary depending on the type of claim. FELA claims have a three-year statute of limitations. Claims against the MTA or New York City Transit generally require a notice of claim to be filed within 90 days of the incident, followed by a one-year-and-90-day period to commence a lawsuit. Workers’ compensation claims should be reported to the employer promptly and filed with the Workers’ Compensation Board as early as possible to avoid disputes over timeliness. These deadlines are strictly enforced, and late filings often result in lost rights.

My injury was partly caused by my own mistake. Can I still recover?

Under FELA, the railroad’s comparative negligence means that even if you were partially at fault, you can still recover damages, though they will be reduced in proportion to your own share of responsibility. Under New York’s personal injury law, pure comparative fault applies, meaning a plaintiff who is partially at fault can still recover the percentage of damages attributable to the other party. Workers’ compensation does not require any fault analysis at all. The specific facts of your incident determine how these rules apply to your situation.

Does my union handle my injury claim, or do I need a separate attorney?

Your union can assist with workplace grievances, disciplinary issues, and certain administrative processes, but union representatives are not attorneys and do not handle personal injury litigation or FELA claims. Workers’ compensation proceedings and personal injury lawsuits require legal representation separate from union advocacy. These two processes run on parallel tracks and one does not replace the other.

Can I recover compensation for an injury that developed over time rather than in a single incident?

Yes. Cumulative trauma injuries, occupational diseases, and repetitive stress conditions are compensable under both FELA and New York’s workers’ compensation system. The challenge is establishing when the injury became known or should have been known, which affects the applicable deadlines. If you have been diagnosed with a condition related to years of transit work, speak with an attorney about how the discovery rule may affect your filing window.

What if my employer retaliates against me for filing an injury claim?

Retaliation against employees who file workers’ compensation claims is prohibited under New York law. Adverse employment actions taken after a claim is filed may give rise to separate legal remedies. Mark David Shirian P.C. also handles employment law matters, and attorneys there can evaluate whether conduct following your injury filing crosses into actionable retaliation.

Are there specific safety regulations that apply to New York City transit workers?

Federal and state occupational safety standards apply to transit work, including regulations from the Occupational Safety and Health Administration and FTA-related safety requirements for rail operations. Violations of applicable safety standards by an employer can be used as evidence of negligence in FELA and personal injury claims. Documenting any known safety violations before or at the time of your injury can be valuable to your case.

How are damages calculated in a transit worker injury case?

In a FELA or third-party personal injury claim, damages typically include past and future medical expenses, lost wages and reduced earning capacity, pain and suffering, and in some cases compensation for permanent disability or disfigurement. Workers’ compensation provides a separate, more limited set of benefits based on wage replacement percentages and scheduled loss-of-use awards for specific body parts. In cases involving both a workers’ compensation claim and a third-party lawsuit, any workers’ compensation benefits paid may need to be reimbursed from a personal injury recovery, a process called subrogation.

What if the transit vehicle I was working in or on had a mechanical defect that caused the accident?

Defective equipment claims can be brought against the manufacturer or another responsible party separate from any claim against your employer. If a defective part on a bus, subway car, or maintenance vehicle contributed to your injury, a product liability claim may be available in addition to your workers’ compensation or FELA case. These claims require preservation of evidence and prompt legal action because equipment is often repaired or replaced quickly after an incident.

Representing Transit Workers Across New York City and the Surrounding Region

Mark David Shirian P.C. handles transit worker injury cases for clients throughout all five boroughs of New York City and the broader region. Workers injured while performing duties in Manhattan, the Bronx, Brooklyn, Queens, and Staten Island regularly turn to this firm for representation. The firm also works with clients from communities across Long Island, including Nassau and Suffolk counties, where Long Island Rail Road workers and their families live and work. Metro-North Railroad employees from Westchester County, Rockland County, and communities along the Hudson and Harlem lines are also served.

Whether the incident occurred in a subway tunnel beneath Midwood or Flatbush, at a maintenance facility in Jamaica or East New York, along a bus route through Washington Heights or Flushing, or at a rail yard in the Bronx or along the LIRR’s Atlantic Branch, the firm’s representation extends across the geographic footprint of the city’s transit network. Clients from neighborhoods including Astoria, Sunnyside, Long Island City, Mott Haven, Pelham Bay, Bay Ridge, Canarsie, Jamaica, Hollis, Elmhurst, and many others have found knowledgeable legal counsel through this firm. The work of New York City transit does not stop at borough lines, and neither does the firm’s commitment to the workers who keep it running.

Speak With a New York City Transit Worker Injury Attorney Today

The claims available to injured transit workers in New York are genuinely time-sensitive. Notice of claim deadlines, FELA statutes of limitations, and workers’ compensation reporting requirements can all affect your options if they are missed. A New York City transit worker injury attorney at Mark David Shirian P.C. can evaluate your situation, identify every available avenue for recovery, and build a case strategy focused on the best possible outcome for your circumstances.

Attorneys Mark D. Shirian and Shawn D. Shirian handle these cases with the kind of direct involvement and attention that complex transit injury claims demand. Reaching out does not create an attorney-client relationship, but it does give you the information you need to move forward. Contact Mark David Shirian P.C. today for a confidential case evaluation.