If you suffered heat stroke or heat exhaustion working in Los Angeles, you have the right to workers’ compensation (workers’ comp) — and if your employer didn’t give you water, shade, and rest breaks, they also violated California law. Comp covers your full medical treatment and a portion of your wages while you recover, regardless of your immigration status. Call attorney Jerry Jacobson at 1-800-529-7910. The consultation is free, confidential, and available in Spanish.
Heat kills workers in California every year, and in Los Angeles the danger grows every summer. Gardeners, construction workers, warehouse workers, cooks, roofers, and field workers fall ill from the heat every day. Many endure it because they are afraid of losing their jobs, and many employers fail to follow the very law that exists to protect them. Here we explain, in plain words, what you are owed and what your employer is required to give you.
Does heat stroke count as a work injury?
Yes. Heat stroke and heat exhaustion are work injuries covered by California workers’ compensation when they happen while you are doing your job. The size of the company and how long you’ve worked there don’t matter. If you got sick from the heat doing your job, you have the right to medical treatment and a portion of your wages while you recover.
Workers’ compensation is a “no-fault” system: you do not have to prove that your employer did anything wrong to receive your basic benefits. But when the employer DID fail — didn’t give you water, shade, or breaks — your case becomes even stronger, because they also broke the law.
California’s heat law: what your employer is required to give you
California has one of the strongest heat-protection laws in the country, enforced by Cal/OSHA. For outdoor work, your employer is required by law to give you:
Cool, plentiful water. Free, close to where you work, all day. Enough for you to drink plenty throughout your shift.
Shade. When the temperature reaches 80 degrees, the employer must have shade available so you can rest and cool down.
Cool-down rest breaks. You have the right to stop and rest in the shade when you need to in order to avoid getting sick. When it’s very hot (95 degrees or more), special break and supervision rules apply.
Training. The employer must teach you to recognize the signs of heat illness and what to do in an emergency.
Since 2024, California also has an indoor heat law. That protects workers in warehouses, kitchens, laundries, and factories where the temperature rises. If you work indoors and the place is an oven, you also have the right to water, cool-down areas, and breaks. Learn more about Amazon-style warehouse injuries in Los Angeles, where indoor heat is a serious problem.
Signs of heat stroke: an emergency that kills
Heat stroke can kill in minutes. Learn to recognize the signs, in yourself and in your coworkers:
Heat exhaustion (the stage before heat stroke): heavy sweating, cold and clammy skin, dizziness, weakness, headache, nausea, and muscle cramps. If it happens to you, stop immediately, go to the shade, drink water, and cool down.
Heat stroke (the deadly emergency): the person stops sweating, the skin feels hot and dry, they become confused, can’t speak clearly, faint, or have seizures. This is an emergency — call 911 immediately and try to lower the body temperature with cool water while help arrives.
If you or a coworker showed these signs at work, seek medical attention immediately and then call us. Heat stroke can cause permanent damage to the brain, the kidneys, and other organs.
Which workers are most exposed in Los Angeles?
In more than 30 years representing injured workers in Los Angeles, we see heat illness most in:
Gardeners and landscapers cutting grass under the San Fernando Valley sun. Learn more about gardener injuries in Los Angeles.
Construction workers on sites with no shade in the middle of summer. See our guide to construction injuries in Los Angeles.
Warehouse workers in buildings with no air conditioning in Vernon, Commerce, and the industrial zone.
Cooks and kitchen helpers next to hot stoves and ovens for hours.
Roofers, field workers, and movers who carry loads under direct sun.
I’m undocumented. Am I still covered?
Yes, you are covered. In California, undocumented workers have exactly the same workers’ compensation rights and the same heat protections 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. Learn more in our guide to workers’ compensation for undocumented workers in Los Angeles.
What benefits can I claim?
Workers’ compensation in California provides several types of benefits. These are the main ones a worker with a heat injury can receive:
100% paid medical treatment. Emergency care, hospitalization, kidney and organ testing, and all follow-up — 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. Severe heat stroke can leave permanent brain or kidney damage. If that’s your case, you have the right to additional compensation.
Death benefits for the family. When heat kills a worker, their family has the right to death benefits and funeral costs.
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.
When the employer broke the law: your case is stronger
If you got sick from the heat and your employer didn’t give you water, shade, breaks, or training, they committed a serious violation of Cal/OSHA rules. That doesn’t just change your comp claim — it can also lead to fines for the company and, in certain cases, open the door to other legal actions. Save everything you can: photos of the site with no shade, messages, names of coworkers who saw there was no water. That evidence makes your case much stronger. We investigate whether the employer followed the law.
What should I do after a heat injury?
What you do can decide your case and your health. Follow these steps:
1. Seek medical attention immediately. Heat stroke is an emergency. Go to the hospital — many workers in the area end up at LAC+USC Medical Center. Your health comes first.
2. 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.
3. Document the conditions. Take photos of the site, the lack of shade or water, and the thermometer if you can. Write down the names of coworkers who saw what happened.
4. Ask for the claim form (DWC-1). Your employer is required to give it to you. Fill it out and keep a copy.
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. These deadlines are strict. If you let them pass, you can lose your right to compensation forever. Evidence of the heat conditions 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 the workers who endure the sun and the heat because we understand hard work and the fear of filing a claim.
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 or for asking for water and shade. 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 job sites, warehouses, and gardens of the San Fernando Valley where the heat hits hardest. 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 suffered heat stroke working 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 heat illness at work in Los Angeles
I had heat stroke at work. Is it covered?
Yes. Heat stroke and heat exhaustion are work injuries covered by workers’ compensation when they happen doing your job. In addition, if your employer didn’t give you water, shade, and breaks, they violated California law, which strengthens your case.
I work indoors in a hot warehouse. Does the law protect me too?
Yes. Since 2024, California has an indoor heat law. If you work in a warehouse, kitchen, or factory where the temperature rises, you have the right to water, cool-down areas, and breaks, just like outdoor workers.
My employer didn’t give me water or shade. What does that mean for my case?
It means your employer probably violated Cal/OSHA rules, which makes your case stronger. Save photos and witness names. We investigate whether the employer followed the law and use that evidence in your favor.
I’m undocumented. Do I still have rights?
Yes. In California, undocumented workers have the same workers’ compensation rights and the same heat protections as any other worker. We handle the entire process in Spanish and with complete confidentiality.
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.
A relative died from heat at work. What can we do?
We’re very sorry. When heat kills a worker, their family has the right to death benefits and funeral costs under workers’ compensation, and there may be other legal actions if the employer broke the law. Call us to review the case with respect and at no cost.