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Statute of Limitations for Death Claim Resulting From Cumulative Trauma Injury

Posted by Sure S. Log on Apr 20, 2022 3:00:00 PM

The statute of limitations for pursuing death benefits is established in LC 5406. Except for LC 5406.5 and LC 5406.6 (which cover deaths from asbestos and HIV-related disease), proceedings for the collection of death benefits, per LC 5406(a), may be commenced one year from:

  1. the date of death when it occurs within one year from date of injury;

  2. the date of last furnishing of any compensation benefits, when death occurs more than one year from the date of injury; or

  3. the date of death, when death occurs more than one year after the date of injury and compensation benefits have been furnished.

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Topics: Death Benefits, Statute of Limitations, cumulative trauma

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