If you were hurt working in cleaning or as a janitor 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 or “under the table.” 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.
The people who clean the offices of Downtown, the hotels of Hollywood, the buildings of Koreatown, and the shopping centers of East Los Angeles are almost always invisible. They work at night, they work alone, and they work with dangerous chemicals. When one of them gets hurt, many employers disappear, deny 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 work in cleaning?
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 clean offices at night, work as a hotel housekeeper, mop floors in a hospital, or belong to a crew that cleans buildings on Wilshire. The size of the company and how long you’ve worked there don’t matter.
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 slipped on a wet floor in a Downtown building, hurt your back carrying an industrial vacuum in Koreatown, or breathed in chemicals cleaning a bathroom in Hollywood, your injury is covered.
The problem is that many cleaning workers 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 cleaning and janitorial injuries
After more than 30 years representing injured workers in Los Angeles, we have seen it all. These are the injuries cleaning workers suffer most:
Slips and falls. This is the number-one injury of the trade. Freshly mopped floors, spilled liquids, wet stairs, and slippery bathrooms cause falls that break wrists, hips, ankles, and backs. It is a cruel irony: the worker falls on the very floor they just cleaned.
Back and shoulder injuries. Hauling heavy trash bins, pushing carts, moving furniture, wringing mops, and using industrial vacuums all day wears down the back. Many janitors end up with herniated discs that require surgery.
Burns and chemical damage. Bleach, ammonia, strong disinfectants, and industrial cleaners cause burns to the skin and eyes. Accidentally mixing bleach with ammonia produces a toxic gas that can send you to the hospital.
Respiratory problems. Breathing chemical fumes in bathrooms or closed, unventilated rooms, day after day, causes lung damage, asthma, and long-term illness.
Repetitive-motion injuries. Mopping, dusting, wringing, and scrubbing the same motions for hours causes carpal tunnel, tendinitis, and chronic shoulder and wrist pain.
Cuts and punctures. Broken glass and needles hidden in the trash can cut or stick the worker. A puncture from a dirty needle is a medical emergency that must be treated immediately.
I’m undocumented. Am I still covered by workers’ comp?
Yes, you are covered. This is the question cleaning workers 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 — 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 a “contractor.” Do I still qualify?
Most likely yes. Many cleaning companies in Los Angeles pay in cash or tell the worker they are an “independent contractor” 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 the company controls your schedule, tells you which buildings to go to, provides the equipment and chemicals, 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. Don’t let a false label rob you of your benefits. We investigate the truth of your working relationship.
Cleaning chemicals: a danger many people ignore
The products you use every day are not harmless. Bleach, ammonia, degreasers, and industrial disinfectants are strong chemicals. When your employer doesn’t give you gloves, protective eyewear, a mask, or proper ventilation, they put you in direct danger.
The most dangerous mistake is mixing products. Combining bleach with ammonia (or with other cleaners) creates a toxic gas that burns the lungs and can cause permanent damage. If you burned your skin or eyes, struggled to breathe, or passed out from the fumes, that is a covered work injury. And if your employer didn’t give you the protective equipment the law requires, your case is even stronger. Save the product labels and seek medical attention immediately.
Working at night and alone: risks no one mentions
Much of the cleaning in Los Angeles is done at night, when the buildings are empty. That brings special dangers. If you get hurt alone, at two in the morning, on the 20th floor of a Downtown building, there is no one to help you and no one who saw what happened. That is why it is so important to document everything and report the injury as soon as you can.
Lone night workers also face the risk of assault and violence. If you were attacked while working — in the building, in the parking structure, or coming and going — that injury may be covered by workers’ compensation, and you may also have a case against a responsible third party. Don’t stay quiet thinking it “doesn’t count.” It does count.
What benefits can I claim?
Workers’ compensation in California provides several types of benefits. These are the main ones an injured cleaning worker 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 back that never healed, a damaged lung, a wrist that no longer works the same — 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 you were injured by a dangerous condition in the building you were cleaning (a broken stair, a collapsed floor, an exposed wire, poor lighting), you can sue the owner of that property. If a vacuum or cleaning machine was defective, you can sue the manufacturer. If a chemical 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.
Hotel housekeeping: backs destroyed by the rush
Hotel housekeepers in Los Angeles have one of the hardest and least recognized physical jobs. Lifting heavy mattresses, pushing full carts, bending hundreds of times a day, and cleaning rooms against the clock destroys the back, the shoulders, and the knees. The pressure to clean too many rooms in too little time forces the worker to move badly and get hurt.
If you are a housekeeper with back, neck, shoulder, or wrist pain that gets worse over time, that may be a “cumulative trauma” work injury — and it is covered by workers’ compensation, even if there is no single accident that caused it. Don’t endure the pain thinking it’s normal. It is not normal, and you have the right to treatment.
Mistakes that can cost you your compensation
We have seen many cleaning workers 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 cleaning 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 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. Take photos of the location, the wet floor, and the chemical or equipment that hurt you. 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 cleaning workers 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 Downtown, Hollywood, and Wilshire, where thousands of offices and hotels are cleaned every night. 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 cleaning 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 cleaning worker injuries in Los Angeles
I slipped on a floor I mopped myself. Is it covered?
Yes. It doesn’t matter who wet the floor. If you fell while doing your job, your injury is covered by workers’ compensation. Comp is “no-fault”: you don’t have to prove someone else made a mistake, only that the injury happened at work.
I breathed in chemicals and now I struggle to breathe. What do I do?
Seek medical attention immediately and report the injury to your employer. Exposure to cleaning chemicals is a covered work injury. If your employer didn’t give you gloves, a mask, or ventilation, they may also have violated safety rules, which strengthens your case.
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’m a housekeeper and my back has hurt for months. Can I file?
Most likely yes. Pain that gets worse over time from repetitive work is called a “cumulative trauma” injury and is covered by workers’ compensation, even without a single accident. Don’t assume it’s normal — call us to review your case for free.
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. Save any evidence and call us.
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.