Construction is one of the jobs that injures and kills the most workers in Los Angeles. If you were hurt on a jobsite, there is something you should know from the start: you are not only entitled to workers’ compensation. In many cases, you also have a second claim that can be worth far more. Most construction workers in Los Angeles never learn this, which is why they end up accepting scraps. Do not let that happen to you.
The employer’s insurer began working against you the moment you fell. It is looking for ways to say the accident was your fault, that your injury was “pre-existing,” or that it was not that serious. Do not give it the advantage. At the Law Office of Jacobson & Associates, we have spent more than 30 years fighting for Hispanic construction workers in Los Angeles. We review your case for free, we speak Spanish, and we charge nothing until we win. Call 1-800-529-7910 now, or first see how we can help on our Los Angeles workplace accident lawyer page.
You have the right to file, even if it was your fault
In California, workers’ compensation is a “no-fault” system. That means something powerful: it does not matter whether the accident happened because you were distracted, because the scaffold was poorly built, or because another worker made a mistake. If you were injured doing your job on a Los Angeles jobsite, you have the right to medical treatment and disability payments. Period.
This also applies if you are undocumented and if you are paid in cash. California Labor Code section 3351 covers all workers regardless of immigration status, and it is illegal for your employer to threaten you with immigration for filing. If that is your situation, it is worth reading our guide on workers’ compensation for undocumented workers in Los Angeles.
Los Angeles jobsites are a minefield
Los Angeles is in permanent construction. New towers in Downtown Los Angeles, remodels in Koreatown, apartment complexes in South Los Angeles, industrial warehouses in Vernon and Commerce. For the worker, each of those sites is a minefield of risk. The statistics confirm it: falls from heights are the leading cause of construction deaths, followed by being struck by objects, getting caught in machinery, and electrocutions. Cal/OSHA calls them the “Fatal Four.”
When a worker is hurt in Los Angeles, they are often taken to hospitals like LAC+USC Medical Center in Boyle Heights or California Hospital Medical Center downtown. We know that path, we know the insurers that operate on the city’s jobsites, and we know how to fight before the WCAB district office in downtown Los Angeles when a case goes into dispute. That local knowledge is not a luxury; it is often the difference between a case won and a case lost.
The construction injuries we see most
On Los Angeles jobsites, the most common injuries we handle are falls from scaffolds, ladders, roofs, and structures. A fall from a height can cause multiple fractures, spinal injuries, brain damage, and even paralysis. If you fell from a scaffold or ladder, your case may be more serious and more valuable than the insurer wants to admit; understand your rights in our guide on falls from scaffolds or ladders at work.
We also handle strikes from falling tools and materials, heavy-machinery injuries, serious cuts, electrical burns, and back injuries from lifting and carrying all day. The back is a case of its own: often the damage builds up over time and the insurer tries to say it is “from age.” Do not accept that. California law recognizes cumulative-trauma injuries just as much as those that happen in a single moment.
What the insurer does not want you to know: the third-party claim
Here is the point that can change your life. Your workers’ compensation does not pay you for pain and suffering, and it only covers part of your wages. But on a Los Angeles jobsite there is almost never just one company at work. There is the general contractor, several subcontractors, the property owner, equipment rental companies, and machinery manufacturers. If a company other than your employer caused your injury, you can file a separate personal injury lawsuit, and that lawsuit does cover 100% of your lost wages, your pain and suffering, and all of your medical expenses.
Real examples we see across the city: a scaffold poorly built by another subcontractor, a defective saw or ladder from the manufacturer, an unshored excavation, a rented forklift in poor condition. In all of those cases there may be a responsible third party. That is why we investigate the entire jobsite, company by company, to find everyone who should answer for it. Learn more about when a third party is responsible for your work injury. Without an attorney who knows how to look, that second case, the one worth the most, is simply lost.
Safety violations strengthen your case
Many construction accidents in Los Angeles happen because Cal/OSHA rules were not followed: missing harnesses, unsecured scaffolds, unshored trenches, unmaintained equipment. When a safety violation exists, it can increase the value of your case and help prove a third party’s negligence. That is why it is so important to preserve every piece of evidence you can from day one: photos of the scene, the equipment, and your injuries, and the names of every company on the site.
No matter your construction trade, you are protected
We serve workers in every trade that builds Los Angeles. Roofers working under the sun in South Los Angeles, electricians exposed to live wires, plumbers in trenches, drywall and plaster installers, framing carpenters, heavy-machinery operators, demolition crews, and laborers who haul and clean all day. It does not matter whether you were hired directly, work through a temp agency, or are paid by the day in cash: if you were injured doing the work, California law protects you.
Over more than 30 years we have fought for workers who arrived with the same story: they got hurt, the insurer tried to send them home with almost nothing, and they thought there was no way out. We have secured treatment, surgeries, disability payments, and, when there was a responsible third party, settlements that changed their families’ futures. We cannot promise an exact result, because every case is different, but we can promise to fight yours with everything.
What benefits your compensation covers
California workers’ compensation covers your full medical treatment at no cost to you: doctors, surgery, therapy, and medication. It also covers temporary disability, which is about two-thirds of your wages while you cannot work. If the injury leaves lasting effects, it covers permanent disability based on a disability percentage. And if you can no longer return to construction, you may be entitled to a retraining voucher to learn another trade. If you are worried about your future in the workforce, review what happens when you cannot return to work after an accident.
What to do after a jobsite accident
Act quickly, because every day counts. Get medical care right away and clearly state that the injury happened at work; some head and back injuries look mild at first and become serious later. Report the injury to your supervisor in writing: you have 30 days, but do not wait. Ask for the DWC-1 form, which opens your claim. Take photos of where and how it happened, the equipment, and your injuries, and write down the names of witnesses and every company on the site. Do not give recorded statements to the insurer and do not sign anything without talking to an attorney. Above all, do not let your employer pay for your treatment “under the table” in exchange for not reporting; if the injury worsens, you are left with nothing.
If your employer refuses to report or threatens you
Some contractors in Los Angeles pressure the injured worker not to report, or simply fire them. Both are illegal. If your employer will not report your accident, you can file the claim directly; find out how in our guide on what to do when your employer will not report your accident. And if you were fired for filing, that can be illegal retaliation that gives you an additional case.
Your claim process, step by step, in Los Angeles
Knowing what comes next removes a lot of anxiety. After you report the injury and receive the DWC-1 form, your claim is open and the employer’s insurer must authorize your medical treatment while the case is reviewed. This is where problems begin for the worker who goes it alone: the insurer often sends you to its own doctors, delays authorizations, and minimizes your injuries in the reports.
When there is disagreement about how serious your injury is, California uses a Qualified Medical Evaluator, the QME, to assess you. That report carries enormous weight, because your disability percentage and the money you are owed come from it. An attorney makes sure the evaluation is fair and that you are not boxed into a low percentage that does not reflect your real harm. If your case goes into dispute, it is resolved before the WCAB district office in downtown Los Angeles, near the Civic Center, where a workers’ compensation judge reviews the evidence. You do not have to go there alone or in English; that is what your attorney is for.
Deadlines rule. In general you have one year from the accident to file the formal claim, and a third-party lawsuit usually has two years. Every week that passes without action, witnesses are lost, camera footage is erased, and the insurer builds a stronger defense. That is why in Los Angeles the rule is simple: the sooner you call, the stronger your case.
How the insurer tries to underpay you
Construction insurers have a playbook for paying the minimum, and they use it every day in Los Angeles. They will tell you the injury was “pre-existing,” that it was your fault for not following the rules, or that you can return to “light duty” when you really cannot. They will ask for a recorded statement hoping you say something they can use against you. And they will often offer a quick settlement that sounds like a lot of money but does not cover your future surgeries or your real disability.
We know every one of those moves. We gather your medical reports, jobsite photos, witnesses, and the real story of how your accident happened, and we present a case the insurer cannot knock down with a trick. Do not sign anything or accept any check without an attorney reviewing it; a rushed signature can cost you years of benefits.
Why you need an attorney who knows Los Angeles
Construction insurers are among the most aggressive there are, and they know many workers do not understand their rights. They will try to close your case fast and cheap. Attorney Jerry Jacobson and his team speak Spanish, know the Hispanic community of Southern California, investigate the entire jobsite to find everyone responsible, and have recovered more than $250 million for injured workers in Los Angeles over more than 30 years.
Our process is clear: free consultation, everything explained in your language, no hidden costs, and we only get paid if we win. We are available 24/7, because jobsite accidents give no warning. We do not promise miracles; we promise to go after the insurer with everything and not let go until we get what you are owed.
Mistakes that can cost you your construction case
There are mistakes we see again and again in Los Angeles that hand the case to the insurer. The first is waiting too long to report or to seek medical care; the insurer uses that silence to argue it “was not that serious” or that the injury happened somewhere else. The second is giving a recorded statement without an attorney, because any word out of place gets turned against you. The third is accepting the first check offered: it is almost always a fraction of what your case is worth, and by signing you give up the right to claim more, even if you need another surgery tomorrow.
The fourth mistake, perhaps the most expensive, is not investigating whether there was a responsible third party. Many workers collect only their workers’ compensation and never learn that an equipment manufacturer or a negligent subcontractor owed them far more. And the fifth is choosing an attorney who does not speak your language or know the jobsites of Los Angeles. Avoid these mistakes and your case becomes much stronger. We guide you through every step so you do not fall into any of them.
Frequently Asked Questions
Can I file even if the accident was my fault?
Yes. California is a no-fault system. If you were injured doing your job on a Los Angeles jobsite, you have the right to compensation even if the accident was partly your mistake.
Can I sue in addition to receiving workers’ compensation?
Often yes. If a third party, such as a different contractor, the property owner, or the maker of defective equipment, caused your injury, you may have a separate lawsuit covering 100% of your lost wages and your pain and suffering.
I fell from a scaffold or ladder. Do I have a case?
Almost always. Falls from heights usually involve poorly built scaffolds or defective equipment, which can give you both workers’ compensation and a third-party lawsuit.
What if my employer has no workers’ comp insurance?
In California it is illegal not to carry it. If your employer has none, the state UEBTF fund can pay your benefits and an attorney can file the claim for you.
How long do I have to file?
You must report the injury within 30 days and the general deadline for a comp claim is one year. A third-party lawsuit usually has two years. Do not wait.
How much does an attorney cost?
Nothing up front. We work on a contingency fee: we only get paid if we win. The consultation is free and available in Spanish.
Do not face the insurer alone. Call today.
A construction injury can change your life and your family’s. The insurer already has attorneys working to pay you as little as possible; you deserve someone who will fight for you with everything. Do not let the deadlines pass or swallow a “no” that is not final.
Contact us right now. We review your case free and in Spanish, with no obligation and no hidden costs.
Law Office of Jacobson & Associates
3580 Wilshire Blvd, Ste 1600, Los Angeles, CA 90010
Phone: 1-800-529-7910 — Available 24/7, in Spanish or English.
Request your free case evaluation here or call now at 1-800-529-7910 to speak with attorney Jerry Jacobson.