Skip to main content

Post-Traumatic Osteoarthritis After a Car Accident in New York

By Heitner Legal 8 min read

Key Takeaway

Car accident injuries to joints — fractures, meniscal tears, ligament ruptures — cause post-traumatic osteoarthritis that progresses over years. Learn how to document and claim future arthritic changes and joint replacement costs in your New York car accident case.

This article is part of our ongoing legal coverage, with 0 published articles analyzing legal issues across New York State. Attorney Jason Tenenbaum brings 24+ years of hands-on experience to this analysis, drawing from his work on more than 1,000 appeals, over 100,000 no-fault cases, and recovery of over $100 million for clients throughout Nassau County, Suffolk County, Queens, Brooklyn, Manhattan, and the Bronx. For personalized legal advice about how these principles apply to your specific situation, contact our Long Island office at (516) 750-0595 for a free consultation.

Car accidents cause injuries that seem to improve — and then, months or years later, patients begin experiencing joint pain, stiffness, and progressive functional limitation that their doctors diagnose as osteoarthritis. This is post-traumatic osteoarthritis (PTOA): accelerated cartilage degeneration in a joint that has been injured. It is one of the most consequential and most undervalued long-term damages in New York car accident cases.

What Is Post-Traumatic Osteoarthritis?

Post-traumatic osteoarthritis is distinct from primary (age-related) osteoarthritis in both its cause and its timeline. Primary osteoarthritis is the gradual, age-related deterioration of articular cartilage that develops over decades in proportion to cumulative joint loading. PTOA, by contrast, develops in direct response to a specific traumatic event that damages the articular cartilage, disrupts the joint’s biomechanics, or both.

The pathophysiology of PTOA involves two overlapping processes. The first is direct cartilage injury at the time of the accident: the compressive or shear forces involved in a collision can fracture cartilage cells (chondrocytes), damage the extracellular matrix of the cartilage, and initiate inflammatory cascades that persist long after the acute injury resolves. The second is altered biomechanics: injuries that damage the structures responsible for distributing joint load — the menisci, the ligaments, the articular surface geometry — cause abnormal stress concentration on cartilage that was not damaged in the original trauma, leading to progressive wear.

PTOA can develop within months to years after the traumatic event depending on the severity of the initial injury, the structures damaged, and whether those structures were successfully restored to normal biomechanics through treatment. Joint injuries sustained in car accidents — fractures into joint surfaces, ligament tears with residual instability, meniscal injuries with loss of shock-absorbing function — are among the leading preventable causes of early-onset osteoarthritis in adults under 60.

How Car Accidents Cause Post-Traumatic Osteoarthritis

Understanding the specific mechanisms by which car accident injuries produce PTOA is critical for establishing causation in litigation and for projecting the timeline and severity of future arthritic changes.

Intra-Articular Fractures

When a fracture line extends into the articular surface of a joint — a tibial plateau fracture, a pilon fracture of the distal tibia, an acetabular fracture, or a distal radius fracture with intra-articular extension — the articular cartilage is directly damaged at the fracture line. Even after surgical fixation with anatomic restoration of the joint surface, residual step-off deformity of as little as 1-2 millimeters dramatically concentrates stress on the adjacent cartilage. Studies of tibial plateau fractures have documented post-traumatic arthritis rates of 25-44% at 5-year follow-up even in surgically treated cases, rising substantially with increasing step-off. Comminuted intra-articular fractures with multiple fragments and soft tissue damage have even higher PTOA rates. The direct chondrocyte damage at the fracture site initiates an inflammatory response that persists regardless of the quality of fracture reduction.

Meniscal Injuries

The menisci of the knee function as shock absorbers and load distributors, transmitting 50-70% of the compressive load across the knee joint. When meniscal tissue is removed — whether by partial meniscectomy after a car accident tear or by total meniscectomy for irreparable injury — the remaining articular cartilage absorbs forces it was not designed to bear. The relationship between meniscal tissue loss and cartilage degeneration is well-established and dose-dependent: removing a larger volume of meniscal tissue produces greater contact pressure elevation and faster cartilage deterioration.

Posterior meniscal root tears are a particularly severe variant. A complete tear of the posterior medial meniscal root eliminates the entire medial meniscus’s hoop stress mechanism, producing contact pressure increases equivalent to total medial meniscectomy. Studies following posterior root tears without repair have documented progressive medial joint space narrowing beginning within 12-18 months of injury. Patients who sustain posterior root tears in car accidents and undergo partial meniscectomy rather than root repair — whether because the root tear was not identified initially or because the treating surgeon did not perform the technically demanding repair — face a near-certain trajectory toward medial compartment PTOA.

Ligament Injuries and Joint Instability

ACL-deficient knees have increased anterior tibial translation and rotational laxity that causes the tibia to shift abnormally under the femur during activity. This abnormal motion produces cartilage shear stresses on regions of the articular surface that are not designed to absorb those forces. Long-term studies of ACL-injured patients have documented radiographic osteoarthritis rates of 50-90% at 10-20 year follow-up, with higher rates in patients who underwent meniscectomy at the time of ACL reconstruction compared to those with intact menisci. ACL reconstruction reduces but does not eliminate the long-term PTOA risk, particularly when concurrent meniscal or chondral injuries were present.

Multi-ligament knee injuries — PCL tears, posterior lateral corner injuries, and medial-sided complex injuries — produce even greater instability patterns and correspondingly higher PTOA rates. The cartilage damage from years of pathologic joint motion accumulates progressively whether or not the patient has symptoms at any given point in time.

Chondral Injuries

Direct articular cartilage contusions at the time of the accident — from dashboard impact, dashboard knee, tibial plateau depression, or femoral condyle contusions — produce acute chondrocyte damage and initiate the PTOA cascade independently of any structural injury. Chondral injuries are classified on the Outerbridge scale from Grade I (softening without fissuring) through Grade IV (full-thickness defect exposing subchondral bone). Grade III and IV chondral injuries identified at arthroscopy or on MRI are markers of direct cartilage damage that cannot heal and that represent the earliest stage of PTOA already present at the time of treatment.

Timeline of Post-Traumatic Osteoarthritis Progression

PTOA does not develop overnight, and insurance carriers exploit this delayed progression to argue that future arthritic changes are speculative. In reality, the medical literature provides well-established timelines for specific injury patterns:

Mild cartilage signal changes on MRI can develop within 6-12 months following significant joint injuries, particularly intra-articular fractures and large meniscectomies. These early MRI changes — cartilage thinning, subchondral edema, early surface irregularity — are typically asymptomatic but represent objectively documented early PTOA progression. Moderate osteoarthritis on X-ray, characterized by joint space narrowing of 25-50%, typically develops within 2-5 years for significant injuries in younger patients. End-stage osteoarthritis requiring joint replacement surgery typically develops within 5-15 years or more post-injury, depending on the patient’s age, body weight, activity level, the severity of the initial joint damage, and the degree of successful biomechanical restoration through surgical treatment.

The rate of progression is not uniform. Patients who are younger, more active, and in physically demanding occupations progress faster than sedentary older patients. Obesity accelerates PTOA progression significantly. Bilateral joint injuries, which prevent the patient from offloading the injured limb during recovery, progress faster than unilateral injuries.

Which Joints Are Most Commonly Affected

Post-traumatic osteoarthritis can affect any joint that sustains significant traumatic injury in a car accident, but certain joints have higher PTOA rates after specific injury patterns:

Knee — The most commonly affected joint in car accident PTOA cases. Meniscal injuries, tibial plateau fractures, and ACL ruptures all produce well-documented PTOA trajectories. The medial compartment is most commonly affected after medial meniscal injuries and valgus-mechanism injuries; the lateral compartment after lateral tibial plateau fractures and lateral meniscal injuries.

Ankle — Ankle and hindfoot fractures have extremely high PTOA rates. Pilon fractures (intra-articular distal tibia fractures from axial loading, often sustained when the foot strikes the floorboard during a frontal collision) produce post-traumatic ankle arthritis at rates exceeding 50% at 5-year follow-up even with optimal surgical treatment. Calcaneus fractures extending into the subtalar joint produce subtalar arthritis requiring subtalar fusion in a significant proportion of patients. Talus fractures, particularly those involving the talar body or talar neck with displacement, carry high rates of both post-traumatic ankle arthritis and avascular necrosis.

Hip — Acetabular fractures and hip dislocations produce post-traumatic hip arthritis at high rates, particularly when femoral head articular damage is present at the time of injury or dislocation. The Pipkin classification of femoral head fractures and the Letournel classification of acetabular fractures each predict different PTOA risk profiles. Hip dislocation with delayed reduction (more than 6 hours) carries a substantially elevated rate of avascular necrosis and secondary PTOA.

Shoulder — Intra-articular proximal humerus fractures with displacement of the articular segment produce post-traumatic glenohumeral arthritis, particularly when the fracture involves the humeral head articular surface (head-splitting fractures) or when avascular necrosis of the humeral head develops after four-part fractures. Recurrent shoulder dislocations with engaging Hill-Sachs lesions and associated Bankart tears can produce early glenohumeral arthritis from repeated articular surface impact.

Wrist — Scaphoid fractures with non-union produce the well-documented scaphoid non-union advanced collapse (SNAC) arthritis pattern that progresses from the scapho-radial joint to global wrist arthritis over years. Distal radius fractures with dorsal angulation malunion and disrupted distal radioulnar joint (DRUJ) congruity produce both radiocarpal and DRUJ arthritis.

Subtalar joint — Calcaneus fractures with intra-articular extension into the posterior facet of the subtalar joint produce subtalar PTOA requiring subtalar fusion (which eliminates subtalar motion) in approximately 16-30% of cases at 2-year follow-up.

Documenting Future Post-Traumatic Osteoarthritis for Damages

The challenge in PTOA cases is that the future damages — the arthritis, the joint replacement surgery, the rehabilitation, the lost function — have not yet occurred at the time of litigation. Building a legally sufficient and persuasive future damages case requires careful medical and economic documentation:

Treating physician causation and prognosis opinion — The foundation of any future PTOA claim is the treating orthopedic surgeon’s written opinion, stated to a reasonable degree of medical certainty, that the patient will develop post-traumatic arthritis in the injured joint and will likely require specific surgical intervention within a stated time frame. An opinion that states “within a reasonable degree of medical certainty, this patient will develop post-traumatic arthritis of the medial knee compartment requiring total knee arthroplasty within 10-15 years, as a direct result of the partial meniscectomy necessitated by the traumatic meniscal tear sustained in the accident” is the predicate for all future damages flowing from that prognosis.

Life care planner projections — A certified life care planner — typically a registered nurse with specialized post-acute care planning training or a rehabilitation specialist — prepares a formal life care plan documenting all future medical needs and their costs over the plaintiff’s statistical life expectancy. For PTOA cases, the plan will include future orthopedic consultations, injections, physical therapy, the primary joint replacement surgery, the inpatient rehabilitation, the home health care, and (for younger plaintiffs) the eventual revision joint replacement surgery. The life care plan provides a line-by-line foundation for future damages claims that is far more persuasive to juries and mediators than generic physician testimony about future costs.

Radiographic evidence of early arthritic changes — If the accident occurred more than a year or two before litigation, follow-up X-rays and MRI studies may already document early radiographic PTOA: joint space narrowing, subchondral sclerosis, osteophyte formation, and cartilage signal loss on MRI. These objective radiographic findings eliminate the defense argument that future OA is purely speculative and convert it into a documented, progressive condition.

Comparative imaging — When pre-accident imaging is available — whether from prior X-rays taken for any reason or from imaging taken immediately after the accident — comparing the pre-accident joint appearance to current imaging documents the measurable progression of arthritic changes attributable to the accident.

Peer-reviewed medical literature — Published studies documenting PTOA rates after specific injury types provide a statistical framework for the treating physician’s individual prognosis. A treating surgeon who testifies that “the published literature documents a 55% rate of post-traumatic arthritis at 5 years after tibial plateau fractures of this severity, and my patient’s early radiographic changes are consistent with that trajectory” is significantly more persuasive than one who offers only personal clinical opinion.

How Insurance Companies Challenge Future PTOA Claims

Understanding the insurance defense playbook for PTOA cases allows plaintiffs’ counsel to anticipate and counter these arguments:

Pre-existing OA argument — The most common defense is that the plaintiff had pre-existing osteoarthritis before the accident and that the post-accident arthritic changes are merely the continuation of a pre-existing condition. The response requires a thorough review of all pre-accident medical records to establish the absence of prior knee or joint symptoms, combined with expert testimony on the characteristic differences between traumatic and age-related OA onset patterns.

Causation dispute — Defense IME doctors frequently opine that it is impossible to determine with certainty whether the plaintiff’s arthritic changes were caused by the accident or would have developed naturally with age. The eggshell plaintiff doctrine — which holds the defendant responsible for aggravating a pre-existing condition — is the legal response; the treating surgeon’s specific biomechanical causation opinion is the medical response.

Lifestyle and weight arguments — Defense experts often argue that the plaintiff’s obesity, activity level, or other lifestyle factors would have caused OA regardless of the accident. This argument goes to apportionment, not to causation; and in New York’s comparative fault framework, it cannot eliminate the plaintiff’s recovery, only potentially reduce it.

IME doctor opinions denying future PTOA — Defense IME doctors retained by the carrier may opine that there is “no evidence of post-traumatic arthritis” at the time of their examination without addressing the well-documented future progression risk documented in the medical literature. Deposing these experts on their familiarity with the published PTOA literature for the specific injury type can expose significant gaps in the basis for their opinion.

Present Value of Future Joint Replacement Costs

The economic magnitude of future joint replacement surgery makes it the central future damages item in most PTOA cases. Current costs at New York metropolitan area hospitals and surgical centers:

Total knee replacement (TKR) runs approximately $40,000-$80,000 per knee, inclusive of implant costs, facility and anesthesia fees, surgeon fees, and the initial inpatient rehabilitation stay. Younger patients who undergo TKR for PTOA in their 40s or 50s typically require a revision TKR (replacement of the worn implant components) within 15-20 years, adding another $50,000-$90,000 in future costs. Present-value calculations discounting these future expenditures to today’s dollars, performed by an economic expert, produce the damages number for inclusion in the life care plan.

Total hip replacement (THA) costs $30,000-$60,000 for the primary procedure, with similar revision cost exposure for younger patients.

Total ankle replacement or ankle fusion runs $20,000-$40,000 for the primary procedure. Ankle fusion permanently eliminates ankle motion and requires a specialized shoe modification program. Ankle replacement arthroplasty preserves some motion but has a higher long-term failure rate than knee or hip replacement in high-demand patients.

Wrist fusion or partial wrist fusion for SNAC or SLAC arthritis: $15,000-$30,000, with permanent range-of-motion loss.

The life care plan should also include the cost of viscosupplementation and corticosteroid injections in the years prior to joint replacement, physical therapy maintenance programs, NSAID medications, bracing, and any adaptive equipment needed as the arthritic condition progresses.

Treatment Options for Post-Traumatic Osteoarthritis

Understanding the treatment continuum for PTOA helps contextualize the future care planning in litigation:

Conservative management — NSAIDs, activity modification, weight management, and physical therapy are the first-line interventions. Viscosupplementation (hyaluronic acid injections into the joint) provides temporary symptom relief in some patients but does not modify disease progression. Corticosteroid injections provide short-term pain relief but carry risks of cartilage toxicity with repeated use. Platelet-rich plasma (PRP) injections represent an emerging treatment with some evidence of symptom modification, though long-term disease modification remains unproven.

Unloading procedures — For unicompartmental knee OA, tibial osteotomy (surgically breaking and re-aligning the tibia to shift weight-bearing from the arthritic medial or lateral compartment to the opposite, healthy compartment) can delay the need for joint replacement by 5-10 years in appropriately selected younger, active patients. Osteotomy adds a significant surgical procedure and recovery period to the damages calculation.

Arthroscopic debridement — For patients with mechanical symptoms and early-to-moderate OA, arthroscopic joint lavage and debridement provides short-term symptom relief in some cases. Evidence for its long-term benefit is limited, and it does not alter the OA progression trajectory. It is primarily a temporizing measure before joint replacement.

Total joint replacement — The definitive treatment for end-stage PTOA. Total knee arthroplasty, total hip arthroplasty, ankle replacement or fusion, and comparable procedures eliminate pain and restore function but impose permanent activity restrictions and have finite implant lifespans requiring eventual revision.

Why You Need an Attorney for Post-Traumatic Osteoarthritis Claims

PTOA claims are among the most complex in personal injury law because they require integrating medical, biomechanical, economic, and actuarial evidence to present future damages that have not yet materialized. Insurance carriers are well aware that many claimants and attorneys undervalue these future damages, particularly in cases that initially appear to involve a relatively minor surgical procedure like a partial meniscectomy.

An experienced New York car accident lawyer understands how to coordinate treating physician opinions, life care planning, and economic expert analysis to build a complete future damages case. The three-year statute of limitations for personal injury claims in New York provides time to allow the injury to declare itself medically — documenting early radiographic PTOA changes that convert future damages from speculative to objective — while still preserving the legal right to bring a full claim. Do not accept a settlement that does not account for the full trajectory of post-traumatic arthritis and its lifetime surgical and functional consequences.

Legal Context

Why This Matters for Your Case

New York law is among the most complex and nuanced in the country, with distinct procedural rules, substantive doctrines, and court systems that differ significantly from other jurisdictions. The Civil Practice Law and Rules (CPLR) governs every stage of civil litigation, from service of process through trial and appeal. The Appellate Division, Appellate Term, and Court of Appeals create a rich and ever-evolving body of case law that practitioners must follow.

Attorney Jason Tenenbaum has practiced across these areas for over 24 years, writing more than 1,000 appellate briefs and publishing over 2,353 legal articles that attorneys and clients rely on for guidance. The analysis in this article reflects real courtroom experience — from motion practice in Civil Court and Supreme Court to oral arguments before the Appellate Division — and a deep understanding of how New York courts actually apply the law in practice.

Common Questions

Frequently Asked Questions

How does this legal issue affect my rights in New York?

New York law provides specific protections and remedies that may apply to your situation. Whether your case involves no-fault insurance, personal injury, or employment law, understanding the relevant statutes and court precedents is critical. An experienced New York attorney can evaluate how the law applies to your specific circumstances.

Should I consult an attorney about my legal matter?

If you are involved in a legal dispute in New York — whether it concerns an insurance claim denial, workplace issue, or injury — consulting an experienced attorney is strongly recommended. The Law Office of Jason Tenenbaum, P.C. offers free consultations and handles cases across Long Island and New York City. Early legal advice can protect your rights and preserve important deadlines.

What deadlines apply to legal claims in New York?

New York imposes strict deadlines on legal claims. Personal injury lawsuits must be filed within 3 years (CPLR §214). No-fault insurance applications require filing within 30 days of the accident. Medical malpractice claims have a 2.5-year limit. Missing these deadlines can permanently bar your claim, so prompt action is essential.

Was this article helpful?

Attorney Jason Tenenbaum

About the Author

Jason Tenenbaum, Esq.

Jason Tenenbaum is the founding attorney of the Law Office of Jason Tenenbaum, P.C., headquartered at 326 Walt Whitman Road, Suite C, Huntington Station, New York 11746. With over 24 years of experience since founding the firm in 2002, Jason has written more than 1,000 appeals, handled over 100,000 no-fault insurance cases, and recovered over $100 million for clients across Long Island, Nassau County, Suffolk County, Queens, Brooklyn, Manhattan, the Bronx, and Staten Island. He is one of the few attorneys in the state who both writes his own appellate briefs and tries his own cases.

Jason is admitted to practice in New York, New Jersey, Florida, Texas, Georgia, and Michigan state courts, as well as multiple federal courts. His 2,353+ published legal articles analyzing New York case law, procedural developments, and litigation strategy make him one of the most prolific legal commentators in the state. He earned his Juris Doctor from Syracuse University College of Law.

24+ years in practice 1,000+ appeals written 100K+ no-fault cases $100M+ recovered

Disclaimer: This article is published by the Law Office of Jason Tenenbaum, P.C. for informational and educational purposes only. It does not constitute legal advice, and no attorney-client relationship is formed by reading this content. The legal principles discussed may not apply to your specific situation, and the law may have changed since this article was last updated.

New York law varies by jurisdiction — court decisions in one Appellate Division department may not be followed in another, and local court rules in Nassau County Supreme Court differ from those in Suffolk County Supreme Court, Kings County Civil Court, or Queens County Supreme Court. The Appellate Division, Second Department (which covers Long Island, Brooklyn, Queens, and Staten Island) and the Appellate Term (which hears appeals from lower courts) each have distinct procedural requirements and precedents that affect litigation strategy.

If you need legal help with a legal matter, contact our office at (516) 750-0595 for a free consultation. We serve clients throughout Long Island (Huntington, Babylon, Islip, Brookhaven, Smithtown, Riverhead, Southampton, East Hampton), Nassau County (Hempstead, Garden City, Mineola, Great Neck, Manhasset, Freeport, Long Beach, Rockville Centre, Valley Stream, Westbury, Hicksville, Massapequa), Suffolk County (Hauppauge, Deer Park, Bay Shore, Central Islip, Patchogue, Brentwood), Queens, Brooklyn, Manhattan, the Bronx, Staten Island, and Westchester County. Prior results do not guarantee a similar outcome.

Jason Tenenbaum, Personal Injury Attorney serving Long Island, Nassau County and Suffolk County

Reviewed & Verified By

Heitner Legal, Esq.

Jason Tenenbaum is a personal injury attorney serving Long Island, Nassau & Suffolk Counties, and New York City. Admitted to practice in NY, NJ, FL, TX, GA, MI, and Federal courts, Jason is one of the few attorneys who writes his own appeals and tries his own cases. Since 2002, he has authored over 2,353 articles on no-fault insurance law, personal injury, and employment law — a resource other attorneys rely on to stay current on New York appellate decisions.

Education
Syracuse University College of Law
Experience
24+ Years
Articles
2,353+ Published
Licensed In
7 States + Federal

Legal Resources

Understanding New York Legal Law

New York has a unique legal landscape that affects how legal cases are litigated and resolved. The state's court system includes the Civil Court (for claims up to $25,000), the Supreme Court (the primary trial court for unlimited jurisdiction), the Appellate Term (which hears appeals from lower courts), the Appellate Division (divided into four Departments, with the Second Department covering Long Island, Brooklyn, Queens, Staten Island, and several upstate counties), and the Court of Appeals (the state's highest court). Each court has its own procedural requirements, local rules, and case-assignment practices that can significantly impact the outcome of your case.

For legal matters on Long Island, cases are typically filed in Nassau County Supreme Court (at the courthouse in Mineola) or Suffolk County Supreme Court (in Riverhead). No-fault arbitrations are heard through the American Arbitration Association, which assigns arbitrators throughout the metropolitan area. Workers' compensation claims go to the Workers' Compensation Board, with hearings at district offices across the state. Understanding which forum is appropriate for your case — and the specific procedural rules that apply — is essential for a successful outcome.

The procedural landscape in New York also includes important timing requirements that can affect your case. Most civil actions are subject to statutes of limitations ranging from one year (for intentional torts and claims against municipalities) to six years (for contract actions). Personal injury cases generally have a three-year deadline under CPLR 214(5), while medical malpractice claims must be filed within two and a half years under CPLR 214-a. No-fault insurance claims have their own regulatory deadlines, including 30-day filing requirements for applications and 45-day deadlines for provider claims. Understanding and complying with these deadlines is critical — missing a filing deadline can permanently bar your claim, regardless of how strong your case may be on the merits.

Attorney Jason Tenenbaum regularly practices in all of these venues. His office at 326 Walt Whitman Road, Suite C, Huntington Station, NY 11746, is centrally located on Long Island, providing convenient access to courts and offices throughout Nassau County, Suffolk County, and New York City. Whether you need representation in a no-fault arbitration, a personal injury trial, an employment discrimination hearing, or an appeal to the Appellate Division, the Law Office of Jason Tenenbaum, P.C. brings $24+ years of real courtroom experience to your case. If you have questions about the legal issues discussed in this article, call (516) 750-0595 for a free, no-obligation consultation.

New York's substantive law also presents distinct challenges. In motor vehicle cases, the no-fault system under Insurance Law Article 51 provides first-party benefits regardless of fault, but limits the right to sue for non-economic damages unless the plaintiff establishes a "serious injury" under one of nine statutory categories. This threshold — codified at Insurance Law Section 5102(d) — requires medical evidence showing more than a minor or subjective injury, and courts have developed detailed standards for each category. Fractures must be documented through imaging studies. Claims of permanent consequential limitation or significant limitation of use require quantified range-of-motion testing with comparison to norms. The 90/180-day category demands proof that the plaintiff was unable to perform substantially all of their usual daily activities for at least 90 of the 180 days following the accident.

In employment discrimination cases, the legal standards vary depending on whether the claim arises under state or local law. The New York State Human Rights Law employs a burden-shifting framework: the plaintiff must first establish a prima facie case by showing membership in a protected class, qualification for the position, an adverse employment action, and circumstances giving rise to an inference of discrimination. The burden then shifts to the employer to articulate a legitimate, non-discriminatory reason for its decision. If the employer meets this burden, the plaintiff must demonstrate that the stated reason is pretextual. The New York City Human Rights Law, by contrast, applies a broader standard, asking whether the plaintiff was treated less well than other employees because of a protected characteristic.

Free Consultation — No Upfront Fees

Injured on Long Island?
We Fight for What You Deserve.

Serving Nassau County, Suffolk County, and all of New York City. You pay nothing unless we win.

The Law Office of Jason Tenenbaum, P.C. has been fighting for the rights of injured New Yorkers since 2002. With over 24 years of experience handling personal injury, no-fault insurance, employment discrimination, and workers' compensation cases, Jason Tenenbaum brings the legal knowledge and courtroom experience your case demands. Every consultation is free and confidential, and we work on a contingency fee basis — meaning you pay absolutely nothing unless we recover compensation for you.

Available 24/7  ·  No fees unless you win  ·  Serving Long Island & NYC

Injured? Don't Wait.

Get Your Free Case Evaluation Today

No fees unless we win — available 24/7 for emergencies.

Call Now Free Review