Tarmac Injury Claims in New York: Your Legal Rights

JFK and LaGuardia are owned and operated by the Port Authority of New York and New Jersey, a bi-state public entity. New York law requires that any personal injury claim against a public authority be preceded by a Notice of Claim filed within 90 days of the incident. Missing this deadline typically bars you from bringing a lawsuit against the Port Authority regardless of how serious your injuries are.

In most cases, workers’ compensation is the exclusive remedy against your direct employer under New York Workers’ Compensation Law, meaning you cannot sue your employer in civil court. However, you may be able to bring a third-party lawsuit against the airport authority, a contractor, equipment manufacturer, or another party whose negligence contributed to your injury — and those claims can result in significantly larger recoveries than workers’ comp alone.

Newark Liberty International Airport (EWR) is also owned by the Port Authority of New York and New Jersey, so the same 90-day Notice of Claim requirement applies. Even though Newark is located in New Jersey, the Port Authority is a bi-state agency subject to its own statutory notice rules, and an attorney familiar with Port Authority claims should be consulted immediately after any tarmac injury there.

Common tarmac injuries that give rise to third-party claims include those caused by ground service equipment failures, fuel truck accidents, jet blast incidents, slip-and-fall hazards from poorly maintained apron surfaces, and being struck by baggage carts or tugs. Under New York Labor Law, certain workers on airport tarmac projects may also have enhanced protections under Sections 200, 240, and 241, which impose non-delegable duties on property owners and general contractors.