Practice areas / Workers' Compensation
Workers' Compensation Lawyer in Southern California
If you were hurt on the job, California's workers' compensation system is supposed to cover your medical treatment and part of your lost pay without anyone proving fault. Justin Silverman represents injured workers throughout California, with a focus on Los Angeles and Southern California, and handles the employment side that a comp claim by itself does not reach.
$3,000,000
No. 1 Riverside County employment verdict, 2023
13 yrs
Representing California workers since 2013
$0
Consultation is free, and confidential
Verdict obtained with co-counsel Jared M. Irmas of Irmas Law APC. Listed by TopVerdict.com. Past results do not guarantee a similar outcome.
Tell Justin what happened
You'll hear back within one business day, or call 818-585-1267.
Recognized by
Written and reviewed by Justin Silverman
CA Bar #292036 · Reviewed July 2026
Does this sound like you?
If one of these describes your situation, it is worth a conversation. If none of them quite fit, call anyway, because the list is not exhaustive.
- A single injury on the job, or a cumulative trauma injury that built up over months or years
- A claim that was denied or delayed, or treatment that keeps getting cut off through utilization review
- Being fired, demoted, or pressured after filing a claim
- An injury caused by someone other than your employer, such as a driver, a contractor, or defective equipment
- An employer that carried no workers' compensation insurance
- A permanent disability rating that does not match what you can actually still do
What the law protects
Workers' compensation is a no-fault system. Under Labor Code section 3600, your employer owes benefits for an injury arising out of and in the course of employment whether or not anyone was careless, and whether or not you were partly at fault yourself. In exchange you give up most of the right to sue your employer, which Labor Code section 3602 calls the exclusive remedy.
The part most injured workers are never told is that being punished for filing changes the picture entirely.
That trade has limits worth knowing. You can still sue your employer directly in narrow situations, including a willful physical assault, an injury made worse because the employer concealed it, and an employer that never carried workers' compensation insurance at all under Labor Code section 3706. You can also sue someone other than your employer whose carelessness hurt you, a right Labor Code section 3852 expressly preserves, and those third party cases often reach damages the comp system never pays.
Labor Code section 132a makes it unlawful to fire, threaten, or discriminate against you because you filed a claim, and the California Supreme Court held in City of Moorpark v. Superior Court that section 132a is not your only remedy. Depending on the facts you may be able to pursue disability discrimination under FEHA and whistleblower retaliation under Labor Code section 1102.5 in civil court at the same time.
Deadlines here are short and easy to miss. You generally have 30 days to report the injury to your employer under Labor Code section 5400, and one year to file your claim under Labor Code section 5405, measured from the latest of the date of injury, the last disability payment, or the last medical treatment you received. Injuries that built up over time run from when you first knew the disability was work related. A section 132a retaliation petition carries its own one year clock.
What you may be able to recover
Workers' compensation covers medical treatment reasonably required to cure or relieve the injury under Labor Code section 4600, temporary disability at two thirds of your average weekly earnings, permanent disability based on your rating, a supplemental job displacement voucher worth up to $6,000 where your employer does not offer suitable work, and death benefits for dependents. Where a third party caused the injury, or where the employer retaliated against you for filing, a separate civil case can reach damages the comp system does not pay.
| What | Covers |
|---|---|
| Medical treatment | Reasonably required to cure or relieve the injury, under Labor Code section 4600 |
| Temporary disability | Two thirds of your average weekly earnings |
| Permanent disability | Based on your rating |
| Job displacement voucher | Up to $6,000 where your employer does not offer suitable work |
| Claim death benefits as a dependent | For dependents |
| A separate civil case | Where a third party caused the injury, or the employer retaliated for filing |
How long you have
These are the dates that can end a case before anyone looks at what happened to you. Many claims have two. One to tell a government agency, and a second to file in court after that agency responds.
- File your workers' comp claim
- 1 year
- Claim your employer punished you for filing
- 1 year
- Reopen your claim if the injury gets worse
- 5 years
- Claim death benefits as a dependent
- 1 year
These are the general limits, not advice about your situation. Exceptions can make them shorter or longer, and the clock does not always start on the day you think. If you are close to one of these, or you think you are already past it, it is still worth asking.
Working with Justin
- 1The call. You speak with Justin, not an intake screener. It is free and confidential.
- 2The review. He tells you which lines your facts cross, and which they do not.
- 3The case. You reach him directly, by phone and email, throughout.
Key points
Each point is explained and sourced above · Verified July 28, 2026
| Point | Treatment | Applies to | Authority |
|---|---|---|---|
| Medical treatment | Reasonably required to cure or relieve the injury, under Labor Code section 4600 | California | |
| Temporary disability | Two thirds of your average weekly earnings | California | |
| Permanent disability | Based on your rating | California | |
| Job displacement voucher | Up to $6,000 where your employer does not offer suitable work | California | |
| Claim death benefits as a dependent | For dependents | California | |
| A separate civil case | Where a third party caused the injury, or the employer retaliated for filing | California | |
| File your workers' comp claim | 1 year | Deadline to act | See How long you have, above |
| Claim your employer punished you for filing | 1 year | Deadline to act | See How long you have, above |
| Reopen your claim if the injury gets worse | 5 years | Deadline to act | See How long you have, above |
| Claim death benefits as a dependent | 1 year | Deadline to act | See How long you have, above |
Questions workers ask
Do you only take cases in Southern California?
No. Justin represents workers anywhere in California. These pages speak to Southern California because that is where the office is, but where in the state you work does not decide whether he can take your case.
What does it cost to hire Justin?
The consultation is free, and these cases are handled on a contingency basis. There is no fee unless we win, and if there is no recovery you owe no costs either.
Will my employer find out I called?
The consultation is confidential. Talking through what happened does not put your employer on notice, and nothing is filed because you called.
Other ways I help workers
All nine practice areas →Personal Injury
Injured by someone else’s carelessness? Take on the insurers with an advocate.
Retaliation and Whistleblower
Punished for speaking up? Retaliation can be a claim of its own.
Employment Issues
The full range of California employment disputes, handled for workers, not employers.
Wrongful Termination
At-will doesn’t mean an employer can fire you for an unlawful reason.
Over $12 million recovered for clients. Past results do not guarantee a similar outcome. This page is general information, not legal advice, and does not create an attorney-client relationship. You can reach the office at 818-585-1267.