San Diego Landscaping Injury Lawyer: Get the Settlement You Deserve
Grounds maintenance workers and landscapers are the backbone of San Diego’s beauty, keeping our neighborhoods, schools, and coastal resorts pristine. However, this aesthetic work comes with extreme physical risk. According to the U.S. Bureau of Labor Statistics, groundskeeping consistently ranks as one of the top ten most dangerous jobs in the country.
From heavy machinery accidents to toxic chemical exposure, landscaping and lawn service workers are routinely faced with hazards that result in life-altering injuries. If you have suffered a work-related injury or illness, The Law Office of Matthew Russell is here to ensure you don’t just “get by” – we help you secure the maximum benefits and settlement value you are entitled to under California law.
Call us today at (619) 544-1506
High-Risk Machinery & Equipment Injuries
In the landscaping industry, a split-second equipment failure or safety lapse can lead to catastrophic results. We frequently represent workers facing the most severe types of machinery claims:
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Lawn Mower & Wood Chipper Accidents: These high-powered machines are responsible for some of the most devastating injuries in the field. We handle complex claims involving degloving injuries (where skin and tissue are torn away from the bone) and traumatic amputations. Because these injuries require extensive reconstructive surgery and long-term prosthetic care, they are often categorized as high-value settlements.
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Chainsaw & Trimmer Lacerations: A slip with a chainsaw or a high-speed trimmer can cause deep tissue damage that goes far beyond a simple cut. These accidents frequently result in permanent nerve damage and loss of motor function. If a laceration leaves you with a “frozen” limb or chronic neurological pain, it can lead to a permanent disability rating, significantly increasing your potential compensation.
Are You Truly an Independent Contractor? The “1099 Trap” in Landscaping
Many landscaping and groundskeeping companies in San Diego try to avoid paying for workers’ compensation insurance by labeling their workers as “independent contractors.” They may give you a 1099 at the end of the year or tell you that because you “work for yourself,” you aren’t covered if you get hurt.
In California, the law is on your side. Under Assembly Bill 5 (AB 5), the state presumes you are an employee unless the company can prove otherwise using the strict “ABC Test.”
The ABC Test: Why You Are Likely an Employee
To legally call you an independent contractor, a landscaping company must prove all three of the following:
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A. Control: You must be completely free from their control. If they tell you what time to show up, which lawn to mow first, or how to trim a specific hedge, you are likely an employee.
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B. Core Business: The work you do must be outside the usual course of the company’s business. If you are a landscaper working for a landscaping company, the company cannot satisfy this rule. You are doing their core work.
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C. Independent Trade: You must actually run your own independent business (with your own license, equipment, and other clients) outside of this job.
Why This Matters for Your Injury
If you were injured while working as a “contractor” but you don’t meet the ABC criteria above, you have been misclassified. This means:
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You are entitled to Workers’ Comp: You can still file a claim for medical bills and lost wages.
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The Company Faces Penalties: Employers who misclassify workers to save on insurance can face massive fines from the State of California.
- Uninsured Employers Fund: If your “boss” doesn’t have insurance, we can often seek compensation through the California Uninsured Employers Benefits Trust Fund (UEBTF).
Was I misclassified? Get a Free Case Review
(619) 544-1506
What is my Landscaping Injury Worth?
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Heat Stroke (Recovery only): $15k – $30k
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Severe Laceration/Nerve Damage: $40k – $80k
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Amputation/Loss of Function: $150k+
FREE CONSULTATION BY EXPERT ATTORNEYS FOR LANDSCAPE WORKERS IN SAN DIEGO
Matthew Russell is an experienced lawyer for a Roundup lawsuit or any landscape or groundskeeping workers’ comp claims. We’ll take the time to listen to your concerns and walk you through each step of your case, fighting aggressively by your side – with no out of pocket fees or upfront costs. We don’t get paid until you get paid.
Call us today at (619) 544-1506 to schedule your free consultation and see what your case is worth.