If you work in healthcare and you were injured on the job in Los Angeles — caring for patients, lifting the sick, or exposed to a needle or a disease — you have the right to workers’ compensation (workers’ comp), regardless of your immigration status. California law requires your employer to pay for your full medical treatment and a portion of your wages while you recover. Call attorney Jerry Jacobson at 1-800-529-7910. The consultation is free, confidential, and available in Spanish.
The people who care for others are among those who get hurt the most and claim the least. Nursing assistants (CNAs), home caregivers, hospital aides, nursing-home staff, and care-agency workers throughout Los Angeles spend the day lifting patients, exposed to illness, and sometimes even assaulted. Many are Hispanic women who endure the pain out of fear, or because no one told them they had rights. Here we explain exactly what the law entitles you to.
Do I have the right to compensation if I work in healthcare?
Yes. In California, almost every employee who is injured doing their job has the right to workers’ compensation benefits. It doesn’t matter whether you are a CNA in a Downtown hospital, a caregiver in a Boyle Heights home, an aide in a Koreatown nursing home, or a home-care agency worker. If you were injured doing your job, you are covered.
Workers’ compensation is a “no-fault” system. You do not have to prove that anyone did anything wrong. You only have to show that you were injured while caring for a patient or doing your job. If you hurt your back lifting a patient, stuck yourself with a needle, or a confused patient struck you, your injury is covered.
The problem is that many healthcare workers never file. They are used to caring for others, not themselves. Don’t hand your case over to the insurance company. Your health matters as much as your patients’ health.
The most common healthcare worker injuries
After more than 30 years representing injured workers in Los Angeles, these are the injuries suffered most by those who care for others:
Back injuries from moving patients. Lifting, turning, and transferring patients from bed to chair is the number-one cause of injury. The back and shoulders wear down over time until they end in herniated discs that require surgery.
Needlesticks and blood exposure. A prick from a used needle can expose you to hepatitis or HIV. It is a medical emergency and a work injury that must be reported immediately.
Patient violence. Confused, demented, or agitated patients hit, push, bite, or scratch staff. These assaults are covered work injuries, even though many workers believe it’s “part of the job” and don’t report them.
Exposure to infectious disease. Catching an illness from a patient — as happened to so many workers during the pandemic — can be a covered work injury.
Slips and falls. Wet floors, spilled liquids, and rushing through hallways cause falls that break wrists, hips, and ankles.
Repetitive-motion injuries. Pushing beds and wheelchairs, taking vital signs, and repeating the same motions for hours causes carpal tunnel, tendinitis, and chronic shoulder pain.
Home caregivers: the invisible job
Thousands of Hispanic women in Los Angeles work as home caregivers, many through the IHSS program or private agencies. It is extremely hard work: lifting an adult by yourself, bathing them, moving them, carrying things, all in a house that was not designed for it. When you get hurt caring for someone in their home, it is often unclear who you can file a claim against.
The answer depends on who your employer is — the agency, the state, or the family — which is why it is so important for a lawyer to review your case. If you were injured caring for a patient in their home, don’t assume you have no rights. Call us and we’ll find out for free.
I’m undocumented or paid in cash. Am I still covered?
Yes, you are covered. In California, undocumented workers have exactly the same workers’ compensation rights as any other worker. The insurance company will not ask about your status in order to pay you, and it has no right to use it against you. Being paid in cash also does not eliminate your rights: what matters is the reality of your work. Learn more in our guide to workers’ compensation for undocumented workers in Los Angeles.
I hurt my back lifting a patient. What do I do?
Back injuries from lifting patients are among the most common and most serious in this job. Sometimes a single movement hurts you; other times it’s the wear of years of lifting the sick. Both are covered by workers’ compensation. If you have back pain, sciatica, or numbness in your legs, don’t endure it thinking it will go away on its own. Report the injury, seek medical attention, and keep everything. Learn more in our guide to back injuries from lifting at work.
What benefits can I claim?
Workers’ compensation in California provides several types of benefits. These are the main ones an injured healthcare worker can receive:
100% paid medical treatment. Visits, X-rays, MRIs, surgeries, physical therapy, medication, and the necessary tests after a needlestick — all covered, without you paying 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 back that never 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. Workers’ compensation is only against your employer, but if another person or company caused your injury, you may have a second case — a civil liability lawsuit — that does pay for pain and suffering. For example: if defective medical equipment (a patient lift, a bed) failed and injured you, you can sue the manufacturer. If you were injured by a dangerous condition on a property that wasn’t your employer’s, you can sue the owner. That is why we always check whether there is a responsible third party.
Mistakes that can cost you your compensation
We have seen many healthcare workers lose the money they deserved because of mistakes that could have been avoided. Don’t make these:
Thinking the injury is “part of the job.” Being hit by a patient or having back pain is not “normal.” It is a work injury and you have the right to file.
Waiting too long to report. 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 without a lawyer. The adjuster sounds friendly, but their job is to find a way to pay you less.
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.
Accepting the first offer. It is almost always far less than your case is worth. Don’t sign anything without a lawyer reviewing it.
What should I do after a healthcare work 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.
2. Get medical attention. Your health comes first. If you were stuck with a needle or exposed to blood, go immediately — time matters. Many workers 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. Write down what happened, which patient, which equipment. If a patient assaulted you, report the incident in writing. Note the names of witnesses.
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 civil liability lawsuit against a third party, the usual deadline is two years. Some injuries that develop over time (such as back problems or disease exposure) have special rules. These deadlines are strict — which is why it doesn’t pay to wait.
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 healthcare workers because we understand the sacrifice of caring for others — and we know that they often forget to care for themselves.
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. We also protect you against retaliation — it is illegal for your employer to fire 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 hospitals and nursing homes of Downtown and Wilshire. 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 working in healthcare 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 healthcare worker injuries in Los Angeles
A patient hit me. Is it a work injury?
Yes. Assaults by confused or agitated patients are work injuries covered by workers’ compensation. It is not “part of the job” that you have to endure. Report it in writing and seek medical attention.
I stuck myself with a used needle. What do I do?
Seek medical attention immediately — time matters for testing and preventive treatment. Report the injury to your employer the same day. Workers’ compensation covers all follow-up testing and the necessary treatment.
I’m a home caregiver. Do I have the right to compensation?
Most likely yes, but it depends on who your employer is — the agency, the state, or the family. That is why it is important for a lawyer to review your case. Don’t assume you have no rights; call us to find out for free.
My back has hurt for months from lifting patients. Can I file?
Yes. Pain that gets worse over time from repetitive work is a “cumulative trauma” injury and is covered, even without a single accident. Don’t endure it thinking it’s normal.
How much does it cost to hire a lawyer?
Nothing upfront. We work on contingency: we only get paid if we win your case, and the fee comes out of the recovery, not your pocket. The initial consultation is completely free.
Can my employer fire me for filing?
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 claim. If they do, you have the right to an additional retaliation case.
Do you help undocumented workers?
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.