If you were hurt working as a gardener or landscaper in Los Angeles, you have the right to workers’ compensation (workers’ comp) — regardless of your immigration status and regardless of whether you are paid in cash. California law requires your employer to pay for your full medical treatment and a portion of your wages while you recover. Don’t let your employer or their insurance company tell you otherwise. Call attorney Jerry Jacobson at 1-800-529-7910. The consultation is free, confidential, and available in Spanish.
Gardening is one of the most dangerous jobs in Los Angeles, and almost no one talks about it. Thousands of Hispanic workers mow lawns in Beverly Hills, prune trees in Bel Air, haul soil in Brentwood, and run blowers in Pacific Palisades every single day. When one of them gets hurt, many employers disappear, deny that the accident happened, or threaten the worker. Here we explain, in plain words, exactly what the law entitles you to and how to fight for it.
Do I have the right to compensation if I’m a gardener in Los Angeles?
Yes. In California, almost every employee who is injured doing their job has the right to workers’ compensation benefits. The size of the company doesn’t matter. How long you’ve worked there doesn’t matter. It doesn’t matter whether you are a gardener for a large landscaping company or you work for a single man who picks you up in his truck every morning.
Workers’ compensation is a “no-fault” system. That means you do not have to prove that your employer did anything wrong. You only have to show that you were injured while doing your job. If you cut yourself with a trimmer at a house in Encino, if you fell off the truck in Van Nuys, or if you suffered heat stroke cutting grass in the San Fernando Valley, your injury is covered.
The problem is that many gardeners never claim what they are owed. Some out of fear, some because their employer lied to them, and some simply because they didn’t know they had rights. Don’t hand your case over to the insurance company. That money is yours, and it is for your recovery.
The most common gardening and landscaping injuries
After more than 30 years representing injured workers in Los Angeles, we have seen it all. These are the injuries gardeners and landscapers suffer most:
Serious cuts from power equipment. Trimmers, weed whackers, chainsaws, and electric shears cause deep cuts that sometimes damage tendons, nerves, or even amputate fingers. A chainsaw that kicks back can change your life in a second.
Back injuries from heavy lifting. Bags of soil, rocks, large planters, fertilizer sacks, and heavy equipment wear down the back over time. Many gardeners end up with herniated discs that require surgery.
Heat stroke and heat exhaustion. Working under the Los Angeles sun in July and August, with no shade or rest, can cause heat stroke that sends a person to the hospital or even kills them. It is one of the most serious and most ignored injuries.
Falls. Falling off the truck while unloading equipment, slipping on wet grass, falling from a ladder while pruning a tall tree, or rolling down a slope in the Los Angeles hills. Falls from height are especially dangerous.
Chemical and pesticide exposure. Gardeners handle strong herbicides, insecticides, and fertilizers, often without proper protection. Exposure can cause skin burns, respiratory problems, and long-term illness.
Repetitive-motion injuries. Squeezing shears all day, carrying the blower on your back for hours, pulling hoses — over time this causes carpal tunnel, tendinitis, and shoulder damage.
Flying objects. Rocks, sticks, and debris thrown at high speed by a mower or blower can strike you in the eye or face and cause permanent damage to your vision.
I’m undocumented. Am I still covered by workers’ comp?
Yes, you are covered. This is the question gardeners in the Hispanic community ask us most, and the answer is clear: in California, undocumented workers have exactly the same workers’ compensation rights as any other worker. State law says so without ambiguity.
The insurance company will not ask about your immigration status in order to pay your benefits, and it has no right to use your situation against you. No employer can deny you medical treatment or benefits just because you don’t have papers. If someone told you otherwise, they lied to you — probably to save themselves money. Learn more in our guide to workers’ compensation for undocumented workers in Los Angeles.
I get paid in cash or I’m an “independent contractor.” Do I still qualify?
Most likely yes. Many gardeners in Los Angeles are paid in cash, or their employer tells them they are “independent contractors” to avoid paying insurance. But in California, what matters is not what they call you or how they pay you — what matters is the reality of your work.
If your employer controls your schedule, tells you which houses to go to, provides the equipment and tools, and depends on your work for their business, the law probably considers you an employee, not a contractor. That means you have the right to workers’ compensation even if you are paid in cash and even if your employer says you are “independent.” Don’t let a false label rob you of your benefits. We investigate the truth of your working relationship.
Heat stroke: a deadly danger for Los Angeles gardeners
Heat kills workers in California every year, and gardeners are among the most exposed. That is why California has a specific heat-protection law (the Cal/OSHA heat standard). Your employer is required by law to provide you with:
Cool, plentiful water throughout the day. Shade to rest when the temperature rises. Cool-down rest breaks to recover. And training on how to recognize the signs of heat illness.
If your employer did not give you water, shade, or breaks, and you suffered heat stroke, you not only have the right to workers’ compensation — your employer also broke the law. The symptoms of heat stroke (dizziness, nausea, confusion, no longer sweating, fainting) are an emergency. If it happened to you, seek medical attention immediately and then call us.
What benefits can I claim?
Workers’ compensation in California provides several types of benefits. These are the main ones an injured gardener can receive:
100% paid medical treatment. Visits, X-rays, surgeries, physical therapy, medication — all covered, without you paying a cent out of pocket.
Payment while you can’t work (temporary disability). Generally two-thirds of your weekly wage, tax-free, while the doctor says you cannot work.
Permanent disability payment. If the injury leaves you with permanent damage — a finger that no longer bends well, a back that never fully healed — you have the right to additional compensation.
Retraining voucher (up to $6,000). If you cannot return to the same job, you may receive a voucher to train for a new career.
If the insurance company has already denied your claim, don’t give up — it is very common and it can be fought. Read what to do when your workers’ comp claim is denied in Los Angeles.
Can I sue someone else in addition to filing workers’ comp?
Sometimes yes, and this is very important because it can mean much more money for you. Workers’ compensation is only against your employer. But if another person or company caused your injury, you may have a second case — a personal injury (civil liability) lawsuit — in addition to your workers’ comp.
For example: if a trimmer or chainsaw was defective, you can sue the manufacturer. If you were injured by a dangerous condition on the property where you were working (a hidden hole, a rotted floor, an exposed electrical wire), you can sue the owner of that property. If a chemical or pesticide did not carry the correct warnings, you can sue the company that made it. These “third-party” cases can pay for pain and suffering, something ordinary workers’ compensation does not cover. That is why we always check whether there is a third party who can be held responsible.
Tree trimming: one of the deadliest jobs
Many gardeners in Los Angeles also trim trees, and there the danger rises sharply. Climbing a tall tree or a ladder with a chainsaw in your hand is one of the most dangerous tasks in the entire trade. Falls from height can cause spinal injuries, head trauma, or death.
But there is an even quieter danger: electrical wires. Every year, workers are electrocuted while trimming branches near high-voltage lines. If your employer sent you to trim near wires without the right equipment or training, they committed a serious safety violation. And if a falling branch strikes you, or the ladder slips because it was in poor condition, you have the right to compensation — and possibly a lawsuit against a third party. These cases are very similar to construction injuries in Los Angeles, where falls from height are also the number-one cause of serious injury.
Mistakes that can cost you your compensation
We have seen many gardeners lose the money they deserved because of mistakes that could have been avoided. Don’t make these:
Waiting too long to report or file. The longer you wait, the easier it is for the insurance company to say the injury didn’t happen at work.
Giving a recorded statement to the insurer without a lawyer. The adjuster sounds friendly, but their job is to find a way to pay you less. Anything you say can be used against you.
Returning to work before you’re ready. If you go back too soon and get hurt again, your case gets complicated. Follow your doctor’s orders, not your employer’s pressure.
Accepting the first offer. The first offer is almost always far less than your case is worth. Don’t sign anything without a lawyer reviewing it.
Using only the insurance company’s doctor. You have rights over your medical care. A lawyer makes sure you receive the correct treatment, not the cheapest option for the insurance company.
What should I do after a gardening injury?
What you do in the first few days can decide your case. Follow these steps:
1. Report the injury to your employer as soon as possible. In California you generally have 30 days to give notice, but the sooner the better. Put it in writing or a text message if you can, so there is proof.
2. Get medical attention. Your health comes first. If it’s an emergency, go to the hospital — many gardeners in the area end up at LAC+USC Medical Center. Keep all the paperwork.
3. Ask for the claim form (DWC-1). Your employer is required to give it to you. Fill it out and keep a copy.
4. Document everything. Take photos of the wound, the equipment, and the location. Write down the names of coworkers who saw what happened.
5. Talk to a lawyer before signing anything. The insurance company will try to get you to accept less than you deserve. Don’t sign or accept offers without a lawyer reviewing your case first.
Legal deadlines you can’t miss
In California, you generally must report your work injury within 30 days and file your workers’ compensation claim within one year. For a personal injury lawsuit against a third party, the usual deadline is two years from the date of the accident. These deadlines are strict. If you let them pass, you can lose your right to compensation forever. Evidence also disappears quickly — which is why it doesn’t pay to wait. The sooner we start, the stronger your case.
Why choose attorney Jerry Jacobson?
Attorney Jerry Jacobson and his team have spent more than 30 years fighting for injured workers in the Hispanic community of Los Angeles. We have recovered more than $250 million for our clients. We understand gardeners because we understand hard work, and we understand the fear of filing a claim when you don’t have papers or you’re paid in cash.
We work on contingency: we charge nothing unless we win your case. There are no hidden costs and nothing comes out of your pocket. We handle the entire process in Spanish, so you always understand what is happening with your case. We also protect you against retaliation — it is illegal for your employer to fire you or threaten you for filing a claim. If it has already happened to you, read about being fired in retaliation after a work injury.
We serve workers throughout Los Angeles County: from Koreatown, Boyle Heights, East Los Angeles, South Gate, and Huntington Park, to the areas where many gardeners work, such as Beverly Hills, Bel Air, Brentwood, and the San Fernando Valley. We know the workers’ compensation courts (the WCAB office in downtown Los Angeles) and we know how to fight the insurance companies.
Law Offices of Jacobson & Associates
3580 Wilshire Blvd, Ste 1600
Los Angeles, CA 90010
Phone: 1-800-529-7910
Free consultation, 24/7, and always in Spanish.
If you were hurt doing gardening or landscaping work in Los Angeles, don’t wait. Contact us today or call 1-800-529-7910. We review your case for free and in your language. Learn more about your rights in a workplace accident in Los Angeles.
Frequently asked questions about gardener injuries in Los Angeles
Can my employer fire me for filing a workers’ compensation claim?
No. In California it is illegal for your employer to fire you, cut your pay, or threaten you for reporting an injury or filing a workers’ compensation claim. If they do, you have the right to an additional retaliation case. Save any evidence (messages, witnesses) and call us.
How much does it cost to hire a lawyer for my gardening case?
Nothing upfront. We work on contingency, which means we only get paid if we win your case, and our fee comes out of the recovery, not your pocket. The initial consultation is completely free.
I get paid in cash. Do I still have rights?
Yes. Being paid in cash or “under the table” does not eliminate your workers’ compensation rights in California. If you worked as an employee, you are covered. The employer who failed to report your employment or didn’t carry insurance is the one in trouble, not you.
I had heat stroke cutting grass. Is it covered?
Yes. Heat stroke and heat exhaustion are work injuries covered by workers’ compensation. In addition, if your employer did not give you water, shade, and breaks, they violated California’s heat law, which can strengthen your case.
What if the injury happened several months ago?
You may still be on time. In general you have one year to file your workers’ compensation claim, and some injuries that develop over time (such as back problems or carpal tunnel) have special rules. Don’t assume you lost your right — call us to review your case for free.
Do I have to go to court?
Most workers’ compensation cases are resolved without a trial. We handle the entire process, the paperwork, and the negotiations with the insurance company. If we need to appear before the workers’ compensation judge in downtown Los Angeles, we are ready to fight for you.
Do you help undocumented gardeners?
Absolutely. We represent workers regardless of their immigration status, and we don’t share your information with anyone. Your right to compensation is the same, and we handle the entire process in Spanish and with complete confidentiality.