As a result of a forklift running over his ankle, New York City sanitation worker Andrew Anderson has received his portion of a USD5.25 million legal settlement and a three-quarter tax-free disability pension.

A co-worker operating the forklift accidentally injured Anderson during the installation of a snow plough at a city sanitation garage in January 2008. Anderson was 37 at the time.

Anderson underwent two operations for the fractured ankle, developed a Type I complex regional pain syndrome disease and was forced to retire.

In Anderson's case, the disease is reflex sympathetic dystrophy, which does not have demonstrable nerve lesions. A related foot-drop problem requires Anderson to use a brace.

New York attorney Todd J Strier represented Anderson and his wife in filing a civil suit in the Supreme Court of New York County for claims of personal injury, lost earnings and loss of consortium.

Strier and his firm, Kelner & Kelner, moved for, and received, summary judgment on the issue of liability. City lawyers declined to appeal the liability decision, and the case went to trial in June 2011 for damages only. Near the last minute, a settlement was reached prior to jury deliberations.

"It's a bittersweet victory," Anderson says. "I'm happy we won, but we had to fight for it."

Anderson receives the pension from the New York City Employee Retirement System, which provides retirement, disability and loan benefit services to its members.