Reviewed by Laurence P. Banville, Esq.Frequently asked questions
Do I have to file a Notice of Claim to sue after a baggage handler injury at JFK or LaGuardia?
Yes. JFK and LaGuardia are owned by the Port Authority of New York and New Jersey, a public agency. Before you can file a lawsuit against the Port Authority for a premises or negligence claim, New York law requires you to serve a Notice of Claim within 90 days of the injury. Missing this deadline can permanently bar your claim against the Port Authority, even if a third-party contractor also shares liability.
Can a baggage handler sue for more than workers’ compensation in New York?
Workers’ compensation covers medical bills and a portion of lost wages, but it limits what you can collect from your direct employer. However, baggage handlers often have grounds for a separate third-party lawsuit against entities such as the airline, the airport operator, ground handling contractors, equipment manufacturers, or the Port Authority if their negligence caused the injury. A successful third-party claim can recover pain and suffering, full lost earnings, and other damages not available through workers’ comp.
What are the most common causes of baggage handler injuries at New York airports?
Common causes include being struck by ground support vehicles or aircraft tugs, slipping on jet fuel or de-icing fluid on the tarmac, musculoskeletal injuries from lifting overweight baggage without proper equipment, conveyor belt malfunctions, and forklift accidents in baggage-claim areas. Injuries frequently involve the back, shoulders, knees, and hands. When the cause involves a third party’s negligence—such as a defective baggage cart or an airline’s failure to label overweight bags—a civil lawsuit may be viable alongside workers’ comp.
Who can be held liable in a baggage handler injury lawsuit in New York?
Liability can extend beyond your direct employer. Potentially responsible parties include the airline whose aircraft or cargo caused the hazard, third-party ground handling companies, the Port Authority of New York and New Jersey (for JFK and LGA), equipment manufacturers if a mechanical defect contributed to the injury, and other contractors operating on the tarmac. New York follows a pure comparative negligence rule, so you can recover damages even if you were partly at fault, with your award reduced by your percentage of responsibility.