AI data centers are being built at unprecedented speed, with long shifts, high-voltage electrical work and thousands of workers, many of them Latino. In 2025 and 2026 there were deaths at sites in Ohio, Georgia and Indiana, and a lawsuit by injured workers at the Stargate project in Abilene, Texas. If you were injured on a job site like that, you have more rights than you were probably told.
Workers' Compensation: the First Step
In California, workers' compensation covers medical expenses and part of lost wages, regardless of fault and regardless of immigration status. It is mandatory and you do not have to prove negligence. But it has limits: it does not pay for pain and suffering, and disability payments are a fraction of your wage.
The Third-Party Claim
Workers' compensation shields your direct employer from lawsuits. It does not shield the general contractor, the site owner, other subcontractors or the manufacturer of defective equipment. In Fayetteville, Georgia, the family of a worker electrocuted at a QTS site sued the electrical subcontractor. In Texas, workers at the Stargate site sued Kiewit and MMR Group. These are negligence claims with full compensation.
The Privette Doctrine in California
California limits lawsuits against the party that hires an independent contractor (the "Privette doctrine"), but there are important exceptions: when the hirer retains control over safety and exercises it negligently, or when it conceals a hazard. A lawyer has to analyze the specific facts.
Prevailing Wage and PAGA
The 2026 laws (SB 886, SB 887) condition data center benefits on paying prevailing wage. If you were paid less, not paid overtime, or classified as an "independent contractor" to avoid benefits, you may have a wage claim, including under PAGA on behalf of coworkers.
Immigration Status and Retaliation
Your immigration status does not bar you from workers' compensation or a negligence lawsuit in California. It is illegal for an employer to threaten to report you to immigration for asserting your rights (Labor Code §244 and §1019). If that happens, document it: it is an additional claim.
Act Quickly
Report the injury in writing to your employer immediately; the workers' comp deadline is short, and the third-party claim has two years. Keep photos, witness names and medical documents. Free consultation in Spanish.